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2025 DAILYLAW 76616 (KAR)

MOHAMMED FIROZ SHEIKH, v. THE REGIONAL TRANSPORT OFFICER AND TAX OFFICER,

WP/23153/2025 · 2025-08-11

M Nagaprasanna

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:31329 WP No. 23153 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 23153 OF 2025 (T-MVT) BETWEEN: MOHAMMED FIROZ SHEIKH, AGE 53 YEARS, S/O ABDUL WAHAB, NO.999, VIJAYA BANK LAYOUT, BILEKAHALLI, BENGALURU - 560 076 PERMANENTLY RESIDING AT NO.7-192, ISMAIL HOUSE, M.A. ROAD, NEAR C S DARGA, KOTE BAGILU, PRANTHYA VILLAGE, MOODABIDRI POST, D.K.DISTRICT - 576 120. …PETITIONER (BY SRI. NAGESHA M.E., ADVOCATE) AND: 1. THE REGIONAL TRANSPORT OFFICER AND TAX OFFICER, ELECTRONIC CITY, BENGALURU - 560 076. 2. THE SECRETARY, STATE TRANSPORT AUTHORITY, TTMC BUILDING, K.H. ROAD, BENGALURU - 560 027. …RESPONDENTS (BY SRI. K. HEMA KUMAR, AGA) Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:31329 WP No. 23153 of 2025 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS, B) ISSUE A WRIT OF CERTIORARI QUASHING THE NOTICES ISSUED TO THE PETITIONER UNDER FORM NO E1 TO THE VEHICLES NO.KA 51/C-8144 AND KA-51/C-8142 DATED 16.07.2025 AS PER ANNEXURES E1 AND E2 AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this Court, seeking the following prayer: "a) Call for records; b) Issue a Writ of Certiorari quashing the Notices issued to the petitioner under Form No.E1 to the vehicles No.Ka-51/C-8144 & KA-51/C-8142 dated: 16.07.2025 as per Annexures - E1 & E2; c) And for a direction to the 1st respondent to accept the admitted tax due from 01.04.2023 to 30.06.2023 and the current tax to the vehicles No.KA-51/C-8144 & KA-51/C-8142 which are released as per the Release Order of I ADDL. CJM, Bengaluru in Crime No.80/2024 vide Annex-C. d) And for a direction to the second respondent to issue contract carriage permits in accordance with law to the vehicles No.KA-51/C-8144 & KA-51/C- 8142 which are released as per the Release order of ADDl. CJM, Bengaluru in Crime No.80/2024; e) And for any order or direction as this Hon'ble Court deems fit to pass, in the interest of justice." - 3 - HC-KAR NC: 2025:KHC:31329 WP No. 23153 of 2025 2. Heard Sri. Nagesha M.E., learned counsel appearing for the petitioner, Sri. K. Hema Kumar, learned AGA appearing for the respondents and have perused the records. 3. The petitioner is the owner of contract carriage vehicles and permits to run the same. It transpires that the vehicles of the petitioner were stolen and on a complaint being registered in Crime No.80/2024, the police traced the vehicles and learned Magistrate in terms of its order dated 06.02.2025 released the vehicles. After the said release, the respondents have now demanded tax for the period in which the vehicles were stolen and were being traced by the jurisdictional police. 4. Learned AGA would submit that if all these documents are placed before the concerned Authority, the Authority would pass necessary orders, in accordance with law. 5. In the light of the said submission, I deem it appropriate to read down the impugned order as a Show Cause Notice and permit the petitioner to submit all the - 4 - HC-KAR NC: 2025:KHC:31329 WP No. 23153 of 2025 documents so necessary for an order to be passed, in accordance with law. 6. The documents shall be furnished within four (4) weeks from the date of receipt of a copy of the order. 7. The Authority shall pass necessary orders within four (4) weeks, thereon. 8. The petitioner is at liberty to urge all the contentions urged in the subject petition before the Authority. With the aforesaid observations, the petition stands disposed. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE SJK