- 1 - HC-KAR NC: 2025:KHC-D:15072 WP No. 105188 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 5TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 105188 OF 2025 (GM-RES) BETWEEN: 1. MOHAMMED ALI HASAN SAB JUNGLI E-558, S.M.KRISHNA NAGAR, HUBLI, KARNATAKA. 2. MOHAMMED YUSUF DASTAGIR SAB NADAF NEAR HDMC GARDEN BHAVI NAGAR HUBLI, KARNATAKA. …PETITIONERS (BY SRI. GOODWALA SADIQALI NAZEER, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF HOME AND TRANSPORT VIDHANA SOUDHA, BENGALURU-560001. 2. THE COMMISSIONER FRO TRANSPORT AND ROAD SAFETY, BENGALURU-560001, KARNATAKA. 3. THE ENVIRONMENTAL OFFICER KARNATAKA STATE POLLUTION CONTROL BOARD, LAKMANAHALLI INDUSTRIAL AREA,DHARWAD. 4. M/S SHIVAM DISPOSAL SHOP NO.3/55, TRANSPORT NAGAR GWALIOR-474001, MADHYA PRADESH 5. M/S DESAI AND BROTHERS, GUNDATUNTI BUILDING, P.B.ROAD, MISSION COMPOUND, NOORANI MARKET, HUBLI KARNATAKA. …RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1 TO R3; R4-SERVED) VISHAL NINGAPPA PATTIHAL Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka Dharwad Bench Date: 2025.11.07 11:53:45 +0530 - 2 - HC-KAR NC: 2025:KHC-D:15072 WP No. 105188 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING RESPONDENT NOS. 1 TO 3 TO CONSIDER THE REPRESENTATION DATED 02-07-2025 VIDE ANNEXURE-B. 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 the following prayer: i) Issue a writ in the nature of mandamus directing Respondent Nos. 1 to 3 to consider the representation dated 02-07-2025 vide Annexure-B. ii) Issue such other reliefs as this Hon’ble Court deems fit in the circumstances of the case. 2. Heard Shri Sadiq N.Goodwala, learned counsel appearing for the petitioner; Shri T.Hanumareddy, learned AGA appearing fro respondent Nos.1 and 2; & Shri G.I. Gachchinamath, learned counsel appearing for respondent No.3. 3. The issue in the lis revolves around the scrapping policy that is notified by the State of Karnataka. The State issues a notification on 30.12.2022 publishing a Registered Vehicle Scrapping Policy, 2022. Notwithstanding the said scrapping policy, it is the allegation of the petitioner that the scrapping is - 3 - HC-KAR NC: 2025:KHC-D:15072 WP No. 105188 of 2025 awarded to the operators outside the State and those operators outside the State again subcontract it to respondent Nos.4 and 5 as the case would be. Respondent No.5, who operates in Hubballi. Therefore, learned counsel submits that despite the policy being in place, the authorisation for scrapping tender is always awarded to outsiders. Learned counsel submits that if the representation dated 27.02.2025 given to the same effect is considered by the Commissioner of Transport, it would suffice. 4. The representation captures the entire issue of scrapping within it. Therefore, the first respondent shall now consider the representation of the petitioner for the purpose for which it is rendered, bearing in mind the scrapping policy of the State of Karnataka, as observed herein above and pass necessary orders in accordance with law. 5. Learned counsel Shri Sadiq Godwala also places on record a Government Order issued on 12.09.2025 that the scrapping orders of those vehicles which have passed 15 years will be given only to those units which are established in the State. Therefore, the Commissioner of Transport shall bear in - 4 - HC-KAR NC: 2025:KHC-D:15072 WP No. 105188 of 2025 mind the aforesaid while considering the representation of the petitioner. 6. It is needless to observe that the State would not act against its own circular and policy by granting scrapping the tenders to operators outside the State of Karnataka. Representation shall be considered within twelve (12) weeks from the date of receipt of the copy of the order, if not earlier. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE VNP / CT: ANB List No.: 1 Sl No.: 14