Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:51189 WP No. 36447 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 05TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 36447 OF 2025 (T-MVT) BETWEEN:
1.
DORESWAMY M S/O.MANJE GOWDA AGE ABOUT 43 YEARS HADENAHALLI, BARALU SRAVANABELAGOLA HOBLI CHANNARAYAPATNA TALUK, HASSAN DIST – 573 136. …PETITIONER (BY SRI. SANDESH KUMAR M, ADVOCATE) AND:
1.
THE UNION OF INDIA REP. BY ITS PRINCIPAL SECRETARY MINISTRY OF ROAD TRANSPORT AND HIGHWAYS NEW DELHI – 110 001.
2.
THE STATE OF KARNATAKA BY ITS SECRETARY, MINISTRY OF TRANSPORT VIDHANA SOUDHA, AMBEDKAR VEEDHI BENGALURU - 560 001.
3.
THE TRANSPORT COMMISSIONER, DEPT. OF TRANSPORT, SHANTHINAGAR GOVERNMENT OF KARNATAKA Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:51189 WP No. 36447 of 2025 BENGALURU - 560 027.
4.
THE NATIONAL INFORMATIC CENTRE MINISTRY OF ELECTRIC & D.I.T.
GOVERNMENT OF INDIA A BLOCK, CGO COMPLEX LODHI ROAD, NEW DELHI - 110 003.
REP.BY SENIOR DIRECTOR (IT) LEGAL INFORMATIC DIVISION.
5.
THE REGIONAL TRANSPORT OFFICER, HASSAN (KA-13), DEPARTMENT OF TRANSPORT HASSAN - 573 201. …RESPONDENTS (BY SMT. RUKHIABI, CGC FOR R1 & R4;
SRI. K HEMAKUMAR, AGA FOR R2, R3 & R5)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTIFICATION BEARING NO. GSR201(E) DATED 05.03.2018 (VIDE ANNEXURE-H) AND NOTIFICATION NO. GSR850(E) DATED 24.11.2022 (ANNEXURE-J) ISSUED BY 1ST RESPONDENT THEREIN AS ARBITRARY, ILLEGAL AND UNJUST AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
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HC-KAR NC: 2025:KHC:51189 WP No. 36447 of 2025 ORAL ORDER
In this petition, the petitioner seeks the following reliefs:- a) Issue a writ of certiorari or any other appropriate Writ or
Order or directions quashing the notification bearing No.GSR201(E) dated 05.03.2018 (vide Annexure-H) and notification No.GSR850(E) dated 24.11.2022 (Annexure-J) issued by first respondent therein as arbitrary, illegal and unjust. b) To issue a writ of certiorari to quash the Endorsement bearing No.Pra.Sa.Aa/Ha/Nondani/2024-25 dated 21.01.2025 issued by fifth respondent (vide Annexure-G). c) To issue a writ of mandamus o such other appropriate writ or orders or directions directing the respondent No.2, 3 and 4 to register the petitioner’s JCB 3DX BAC Backhoe Loader-2 W/D as detailed in Annexure- D dated 28.07.2015 within the time limit as may be fixed by this Hon’ble Court. d) Pass such other order or orders which 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 for the petitioner and learned counsel for the respondents and perused the material on record. 3. A perusal of the material on record will indicate that the petitioner purchased the subject vehicle JCB - 3DX Blackhoe
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HC-KAR NC: 2025:KHC:51189 WP No. 36447 of 2025 Loader-2 W/D BS-III and paid road tax and sought for registration of the said vehicle, which was refused by the respondent No.5, vide impugned endorsement dated 21.01.2025, which is assailed in the present petition. 4. It is submitted that the petitioner having legally purchased the said vehicle and having complied with all statutory requirements including payment of tax, the respondents are liable and duty bound to grant registration in favour of the petitioner in the light of the judgments of this Court in the case of M/s Mercury & Others v. The Union of India & Others1 (Annexure-K) and M/s Bhavani Agro Engineering Services v. The Union of India & Others2. It is, therefore, submitted that the impugned endorsement deserves to be quashed and directions are to be issued to the respondent No.5 to register the subject vehicle in favour of the petitioner by granting him a registration number. 5. Per contra, learned Additional Government Advocate for respondent Nos.2, 3 and 5 submits that there is no merit in the petition and the same is liable to be dismissed. 1 Writ Petition No.12062/2024 (MV) dated 14.08.2025 2 Writ Petition No.32408/2025 (MV) dated 26.11.2025
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HC-KAR NC: 2025:KHC:51189 WP No. 36447 of 2025
6.
A perusal of the impugned endorsement will indicate that the only reason assigned by the respondent No.5 to decline registration of the subject vehicle in the name of the petitioner is by referring to an unknown judgment of this Court, the details of which are not even forthcoming or referred to in the impugned endorsement, which is clearly a cryptic, laconic, unreasoned and non-speaking endorsement, without any application of mind. Under these circumstances, I deem it just and appropriate to set aside the impugned endorsement dated 21.01.2025 and remit the matter back to the respondent No.5 for reconsideration of the request of the petitioner for registration of the subject vehicle in accordance with law within a stipulated time frame. 7. In the result, I proceed to pass the following:-
ORDER a) The Writ Petition is allowed. b) The impugned endorsement dated 21.01.2025 bearing No.Pra.Sa.Aa/Ha/Nondani/2024-25 issued by the Regional Transport Officer, Hassan / respondent No.5 against the petitioner, is set aside.
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HC-KAR NC: 2025:KHC:51189 WP No. 36447 of 2025 c) The matter is remitted back to the respondent No.5 for reconsideration of the request of the petitioner for registration of the subject vehicle afresh in accordance with law, within a stipulated time frame. d) Petitioner shall appear before the respondent No.5 on 15.12.2025, without awaiting further notice from the respondent No.5. e) Liberty is reserved in favour of the petitioner to file pleadings, documents, judgments etc., which shall be considered by the respondent No.5, who shall provide sufficient and reasonable opportunity to the petitioner and hear him and pass appropriate orders on the request of the petitioner for registration of the subject vehicle, within a period of two weeks from 15.12.2025. In view of the disposal of the main petition, pending I.A.1/2025 does not survive for consideration and the same is disposed of. Sd/- (S.R.KRISHNA KUMAR) JUDGE Bss List No.: 2 Sl No.: 22