- 1 - HC-KAR NC: 2025:KHC-D:15251 WP No. 108270 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 7TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 108270 OF 2025 (GM-RES) BETWEEN: MAHENDRAKUMAR BABASAB PATIL, AGE. 53 YEARS, OCC. AGRICULTURE, R/O. GOLABHAVI, TQ. RABAKAVI BANAHATTI, BAGALKOTE DISTRICT, KARNATAKA-587 315. …PETITIONER (BY SRI. S. C. BHUTI, ADVOCATE) AND: 1. STATE OF KARNATAKA, REPRESENTED BY ITS CHIEF SECRETARY, VIDHANA SOUDHA, AMBEDKAR VEEDHI, BENGALURU - 560 001. 2. THE COMMISSIONER, TRANSPORT AND ROAD SAFETY, I FLOOR, A BLOCK TTMC BUILDING, SHANTI NAGAR, WILSON GARDEN, BENGALURU - 560 027. 3. THE REGIONAL TRANSPORT OFFICE (RTO), REPRESENTED BY THE INSPECTOR OF MOTOR VEHICLES (IMV) BAGALKOTE DISTRICT, BAGALKOTE – 587 101. 4. THE REGIONAL TRANSPORT OFFICER (RTO), BAGALKOTE DISTRICT, BAGALKOTE – 587 101. 5. THE ASSISTANT REGIONAL TRANSPORT OFFICER (ARTO) JAMKHANDI TALUK, JAMKHANDI-587311 …RESPONDENTS (BY SRI. T. HANUMAREDDY, AGA FOR RESPONDENT/STATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION, DIRECTING THE RESPONDENTS NO.3 TO 5 NOT TO SEIZE VEHICLE OF Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:15251 WP No. 108270 of 2025 THE PETITIONER BERING REG. NO. PY-05/Q-2555 VIZ., TOYOTA PLATINUM WHITE PEARL INNOVA CRYSTA 2 4Z MT OR DEMAND TAX ONCE AGAINST FROM THE PETITIONER. DIRECT THE CONTESTING RESPONDENTS TO PAY THE COSTS OF THESE PROCEEDINGS AND GRANT SUCH OTHER RELIEF OR RELIEFS AS THIS HON BE COURT DEEMS FIT TO GRANT IN THE CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE AND ETC., 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: (a) Issue a writ of mandamus or any other appropriate writ, order or direction, directing the respondents no.3 to 5 not to seize vehicle of the petitioner bering Reg. No. PY-05/Q-2555 viz., Toyota Platinum White Pearl Innova Crysta 2 4Z MT or demand tax once against from the petitioner. and (b) Direct the contesting respondents to pay the costs of these proceedings and grant such other relief or reliefs as this Hon’be court deems fit to grant in the circumstances of the case, in the interest of justice 2. Heard the learned counsel Shri S.C.Bhuti appearing for the petitioner and the learned AGA Shri T.Hanumareddy appearing for the respondent – State. 3. Learned counsel appearing for the parties in unison would submit that, the issue in the lis stands - 3 - HC-KAR NC: 2025:KHC-D:15251 WP No. 108270 of 2025 answered by this Court in W.P. No.107471 of 2025, disposed of on 27th October 2025. This Court held as follows: “1. The petitioner is before this Court seeking a direction by way of a writ in the nature of mandamus directing the respondent Nos.3 to 5 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 can be only after issuance of notice and hearing the petitioner and 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 this 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.” 4. In the light of the issue standing covered by the judgment passed by this Court (supra), on all its fours and on the same reasons, the subject petition also stands disposed. Sd/- (M.NAGAPRASANNA) JUDGE VNP/CT-ASC List No.: 1 Sl No.: 14