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2025 DAILYLAW 74121 (KAR)

MOHAMMED MATHEEN v. THE STATE OF KARNATAKA

WP/26394/2025 · 2025-09-01

Ravi V Hosmani

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:34141 WP No. 26394 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI WRIT PETITION NO. 26394 OF 2025 (MV) BETWEEN: MOHAMMED MATHEEN AGED ABOUT 54 YEARS S/O LATE PACHA SAHEB NAGARAJ COMPLEX NEAR AYYAPPA TEMPLE ATTIBELE, ANEKAL BENGALURU - 562 107. …PETITIONER (BY SRI NAGESHA M.E, ADV.) AND: 1. THE STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY TRANSPORT DEPARTMENT M.S.BUILDING DR. AMBEDKAR VEEDHI BENGALURU - 560 001. 2. THE COMMISSIONER FOR TRANSPORT TTMC BUILDING K.H.ROAD BENGALURU - 560 027. 3. THE SECREARY STATE TRANSPORT AUTHORITY TTMC BUILDILNG K.H.ROAD BENGALURU - 560 027. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:34141 WP No. 26394 of 2025 4. THE REGIONAL TRANSPORT OFFICER CHANDAPURA BENGALURU CITY PIN - 562 107. 5. THE REGIONAL TRANSPORT OFFICER BELAGAVI - 590 003. 6. THE REGIONAL TRANSPORT OFFICER DHARWAD WEST - 580 001. …RESPONDENTS (BY SMT. VAHEEDA, AGA) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INIDA PRAYING TO CALL FOR RECORDSB) ISSUE A WRIT OF CERTIORARI QUASHING THE BLACKLISTING OF THE VEHICLE OF THE PETITIONER NO.KA-51/C-4075 FOR THE CHECK REPORT DTD 21.11.2023, 15.09.2023, 08.09.2022 AND 02.11.2022 AS PER ANNEXURE D DATED CONSEQUENTLY QUASHING THE ENDORSEMENT 17.07.2025 ISSUED BY THE REGIONAL TRANSPORT OFFICER.CHANDAPURA (CITY) IN NO.RTO/CHANDAPURA/SR/2025-26 AS PER ANNEXURE C WITH A DIRECTION TO RECEIVE THE APPLICATION DATED. 30.06.2025 FILED IN RESPECT OF THE VEHICLE NO.KA-51/C- 4075 VIDE ANNX-G FOR SURRENDER OF DOCUMENTS. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI ORAL ORDER Sri M.E. Nagesha, learned counsel for petitioner submits that petitioner applied for surrendering of documents of vehicle bearing registration No.KA-51/C-4075 before respondent no.4. But same was not being considered on ground of pendency of certain enquiry, which amounted to black listing and submitted - 3 - HC-KAR NC: 2025:KHC:34141 WP No. 26394 of 2025 that this Court in its decisions at Annexures-E and F herein, has held that order of black listing without providing opportunity would be unsustainable and seeks for similar order. 2. To a Court query that Annexures-C and D do not indicate any order of black listing, learned counsel submits that petitioner is ready to compound any offences for which enquiry may be pending and submits that on compounding of same, respondents may be directed to process application for surrender of documents for exemption of above mentioned vehicle from tax. 3. Learned AGA, accepting notice for respondents would submit that in case petitioner approaches respondents for compounding of offences for which enquiry were pending, same would be considered in accordance with law and after compounding of offences, petitioner's application for surrender of documents and exemption from tax would be considered as per law. 4. Heard learned counsel and perused writ petition. - 4 - HC-KAR NC: 2025:KHC:34141 WP No. 26394 of 2025 5. In view of above submission, writ petition is disposed of reserving liberty to petitioner to approach respondents for compounding of offences in relation to which enquiry/enquiries may be pending against above mentioned vehicle. On completion of process of compounding of offences, in event petitioner files application for surrender of documents for exemption of tax, respondents to consider same in accordance with law within a period of two weeks from date of such application and inform petitioner of result. Sd/- (RAVI V HOSMANI) JUDGE DN