- 1 - HC-KAR NC: 2025:KHC-D:16897 WP No. 102927 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 1ST DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 102927 OF 2025 (GM-RES) BETWEEN: VISHWANATH S/O. MALLESHAPPA BUDUR, AGE. 38 YEARS, OCC. PRIVATE R/O.KRISHNA NAGR, MANTUR ROAD,HUBBALLI TQ.DIST.DHARWAD. …PETITIONER (BY SRI. MRUTYUNJAY TATA BANGI, ADVOCATE) AND: 1. THE REGIONAL TRANSPORT AUTHORITY DHARWAD EAST GABBUR HUBBALLI DIST. DHARWAD-580028. 2. MR. AKBAR PASHA #5, A STREET COLES ROAD, BENGALURU REP/BY HIS GPA HOLDER SRI. JAFARSAB S/O SAJJAD HUSSAIN MULLA AGE. 34 YEARS, OCC. BUSINESS R/O.NEAR A1 HAYAT SCHOOL ISLAMPUR N.A.NAGAR HUBBALLI-580024. 3. M/S SHODHA TOYOTA RE/BY ITS MANAGER, SHODHA TOYOTA,RAYAPUR, DHARWAD-580009. 4. M/S TOYOTA FINANCE GROUP, RE/BY ITS GENERAL MANAGER, SHODHA TOYOTA, RAYAPUR, DHARWAD-580009. 5. M/S VIDEOCON LIBERTY INSURANCE CO.LTD., RE/BY ITS GENERAL MANAGER Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:16897 WP No. 102927 of 2025 ADDRESS DESAI CIRCLE, NEAR AXIS BANK,HUBBALLI DHARWAD-580029. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT OR DIRECTIONS AND QUASH THE ORDER PASSED BY THE 1ST RESPONDENT THE REGIONAL TRANSPORT AUTHORITY, HUBALLI, BEARING NO.¥Áæ¸ÁC:zsÁ:¥ÉÆ:£ÉÆÃA ¥Áæ¸ÁC:zsÁ:¥ÉÆ:£ÉÆÃA ¥Áæ¸ÁC:zsÁ:¥ÉÆ:£ÉÆÃA ¥Áæ¸ÁC:zsÁ:¥ÉÆ:£ÉÆÃA/ KA-63 M0144/24-25 DATED 23-10-2024 COPY AS PER ANNEXURE-J AS ARBITRARY, UNREASONABLE AND ULTRA-VIRES. SO, KINDLY THIS HON’BLE COURT PASS AN ORDER TO RTO AUTHORITY TILL DISPUTE RESOLVE THE RTO SEIZE THE VEHICLE FOR AVOIDING COMPLICATIONS AND RISK FOR THE SAKE OF INTEREST OF JUSTICE AND EQUITY. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioner is before this Court seeking a direction by way of a writ in the nature of mandamus directing the respondent No.1 not to seize the vehicle or demand tax except in accordance with law. 2. The learned AGA on instructions would submit that in terms of Section 49 of the Karnataka Motor Vehicles Rules, unilateral seizure of the vehicle cannot take place, it - 3 - HC-KAR NC: 2025:KHC-D:16897 WP No. 102927 of 2025 can be only after issuance of notice and hearing the petitioner, tax being demanded later on. 3. In the light of the said submission, the apprehension of the petitioner that no procedure would be followed in law could not merit any acceptance. Therefore, according to the submission of the learned AGA, if action is to be initiated against the petitioner for demand of tax, it shall be only in terms of Section 49 of the Rules. 4. Reserving liberty to the petitioner to knock at the doors of the appropriate fora, I deem it appropriate to dispose this petition with the aforesaid observation. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE KGK CT:ANB List No.: 1 Sl No.: 141