Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 61319 (KAR)

SHRI SHRINIVAS S/O SHANKARLAL GUPTA v. THE STATE OF KARNATAKA

WP/107151/2025 · 2025-11-20

M Nagaprasanna

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC-D:15977 WP No. 107151 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 20TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 107151 OF 2025 (T-MVT) BETWEEN: SHRI SHRINIVAS S/O. SHANKARLAL GUPTA, AGE: 51 YEARS, OCCUPATION: BUSINESS, RESIDINTG AT “SRIKAR” SY NO. 891E, PLOT NO. 31 BANASHANKARI NAGAR, BANASHANKARI TEMPLE ROAD, RANEBENNUR, TALUK: RANEBENNUR, DISTRICT: HAVERI-581115. …PETITIONER (BY SRI. PRUTHVIRAJ P. HITTALAMANI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF TRANSPORT BY ITS COMMISSIONER FOR TRANSPORT AND ROAD SAFETY, OFFICE OF THE COMMISSIONER FOR TRANSPORT, 1ST FLOOR, A BLOCK, TTMC BUILDING, SHANTINAGAR, BENGALURU-560027. 2. THE ASSISTANT REGIONAL TRANSPORT OFFICER, RANEBENNUR, PLOT NO 103 SIDDESHWARA NAGARA, Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:15977 WP No. 107151 of 2025 RANEBENNUR DISTRICT HAVERI 581115. 3. THE REGIONAL TRANSPORT OFFICER, HASSAN, B KATHIHALLI, ARASIKERE ROAD, HASSAN-571105. …RESPONDENTS (BY SRI.T.HANUMAREDDY, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO: A. ISSUE A WRIT OF MANDAMUS DIRECTING RESPONDENT NO.3 TO FORTHWITH CONSIDER THE PETITIONERS REPRESENTATION DATED 15.07.2024 VIDE ANNEXURE-R ALONG WITH ALL SUPPORTING RECORDS AND TO EFFECT TRANSFER OF OWNERSHIP OF VEHICLE BEARING REGISTRATION NO.KA-27-5634 INTO THE NAME OF PURCHASER RAVI.H.S. IN ACCORDANCE WITH LAW, OR IN THE ALTERNATIVE. B. ISSUE A WRIT OF MANDAMUS DIRECTING RESPONDENT NO.3 TO FORTHWITH CONSIDER THE PETITIONERS REPRESENTATION DATED 15.07.2024 VIDE ANNEXURE-R AND PASS APPROPRIATE ORDERS WITHIN 4 WEEKS. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:15977 WP No. 107151 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioner is before this court seeking the following prayer: A. Issue a writ of mandamus directing Respondent No.3 to forthwith consider the Petitioners representation dated 15.07.2024 vide ANNEXURE-R along with all supporting records and to effect transfer of ownership of vehicle bearing registration No.KA-27-5634 into the name of purchaser Ravi.H.S. in accordance with law, or in the alternative. B. Issue a writ of mandamus directing Respondent No.3 to forthwith consider the Petitioner’s representation dated 15.07.2024 vide ANNEXURE-R and pass appropriate orders within 4 weeks;and C. Grant such other reliefs as this Hon’ble Court may deem fit in the facts and circumstances of the case, in the interest of justice and equity. 2. Heard learned counsel Sri.Pruthiviraj P. Hittalamani, appearing for petitioner and learned AGA-Sri.T.Hanuareddy, appearing for respondents. 3. Facts in brief germane are as follows: The petitioner purchased a heavy goods vehicle bearing registration No.K27-5634 on 01.08.2003 and sold the same on 04.07.2018 to one Sri.Ravi H.S. The petitioner submitted Form-29 and applied for an NOC, which was issued on the same - 4 - HC-KAR NC: 2025:KHC-D:15977 WP No. 107151 of 2025 day by recording that taxes had been paid upto 31.07.2018. Five years thereafter, notwithstanding the sale of the vehicle, the respondent No.2 issued a demand notice seeking arrears of tax from the hands of the petitioner. 4. The petitioner is said to have set the criminal law into motion against the person who had purchased the vehicle as he did not come forward to sign Form No-30, Form No.-29 was already submitted. The demand notices continued, culminating in a final demand notice issued to the petitioner assessing the demand at ₹1,57,000/-. The Petitioner then paid arrears of tax and filed affidavit of undertaking regarding such transfer and thereafter submitted a representation to respondent No.3 enclosing all relevant documents and seeking transfer of ownership. The said representation is yet to meet its consideration. It is therefore the petitioner is before this Court in the subject petition. 5. The Learned AGA submits that if reasonable time is granted, the representation of the petitioner would merit consideration and appropriate orders would be passed thereon. 6. In that light above, I deem it appropriate to dispose of the subject petition with a direction to the respondent - 5 - HC-KAR NC: 2025:KHC-D:15977 WP No. 107151 of 2025 No.3-Regional Transport Officer, Hassan, to consider the petitioner’s representation and pass necessary orders in accordance with law, bearing in mind the observations made in the course of the order, within an outer limit of 12 weeks from the date of receipt of a copy of this order, if not earlier. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE RHR/- CT:ANB List No.: 1 Sl No.: 17