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2025 DAILYLAW 84644 (KAR)

RAJEEV S/O GOVINDAPPA PUJARI v. THE STATE OF KARNATAKA

WP/108054/2025 · 2025-10-31

M Nagaprasanna

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC-D:14772 WP No. 108054 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 31ST DAY OF OCTOBER 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 108054 OF 2025 (GM-RES) BETWEEN: RAJEEV S/O. GOVINDAPPA PUJARI, AGE: 52 YEARS, OCC: ADVOCATE, R/O: HULLYAL, TQ: JAMKHANDI, DIST: BAGALKOT – 587 301. …PETITIONER (BY SRI. SHIVARAJ P. MUDHOL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, R/BY ITS CHIEF SECRETARY, VIDHANA SOUDHA, AMBEDKAR VEEDHI, BENGALURU – 560 001. 2. THE COMMISSIONER, DEPARTMENT OF TRANSPORT AND ROAD SAFELY, 1ST FLOOR, A BLOCK TTMC BUILDING, NGO COLONY SHANTHI NAGAR, BENGALURU – 560 027. 3. THE REGIONAL TRANSPORT OFFICER, (RTO) BAGALKOT, TQ: BAGALKOT, DIST: BAGALKOT – 587 301. 4. THE ASSISTANT REGIONAL TRANSPORT OFFICER (ARTO), JAMKHANDI, TQ: JAMKHANDI, DIST: BAGALKOT – 587 301. …RESPONDENTS (BY SRI. T. HANUMAREDDY, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENTS NO.2 TO 4 NOT TO SEIZE THE VEHICLE OF THE PETITIONER Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:14772 WP No. 108054 of 2025 MARUTI SIZUKI SWIFT-VDI BEARING ITS REGISTRATION NO. PY-01/OS-7004 AND DIRECT THE RESPONDENTS NOT TO INSIST THE PETITIONER FOR PAYMENT OF THE KARNATAKA ROAD TAX TO THE PETITIONER VEHICLE BEARING REGISTRATION NO. PY-01/OS-7004 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 a direction by way of a writ in the nature of mandamus directing the respondent Nos.2 to 4 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, 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, - 3 - HC-KAR NC: 2025:KHC-D:14772 WP No. 108054 of 2025 according to the submission of the learned AGA, if action is to be initiated against the 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. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE Kmv CT-ASC