SRI SHUBHAM S/O TANAJI KALAL v. THE STATE OF KARNATAKA
WP/109344/2025 · 2025-12-08
M Nagaprasanna
body2025
DailyLaw.ai
[ 2025 DAILYLAW 85562 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 85562 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC-D:17585 WP No. 109344 of 2025
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 8TH DAY OF DECEMBER 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 109344 OF 2025 (GM-RES) BETWEEN:
SRI. SHUBHAM S/O. TANAJI KALAL, AGE 28 YEARS, OCC. BUSINESS, R/O: MAHALINGAPUR, TQ: RABAKAVI, BANAHATTI, DIST: BAGALKOT. …PETITIONER (BY SRI. M. C. HUKKERI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA, REPRESENTED BY ITS CHIEF SECRETARY, VIDHAN SOUDA, AMBEDKAR VEEDHI, BENGALURU 01. 2. THE COMMISSIONER TRANSPORT AND ROAD SAFETY 1ST FLOOR A BLAK TTMC BUILDING, SHANTHI NAGAR WILSON GARDEN, BENGALURU – 560 027. 3. THE REGIONAL TRANSPORT OFFICER, REPRESENTED BY THE INSPECTOR OF MOTOR VEHICLES, BAGALKOT, DIST: BAGALKOT – 587 101. 4. THE REGIONAL TRANSPORT OFFICER, BAGALKOT, DIST: BAGALKOT – 587 101. 5. THE ASSISTANT REGIONAL TRANSPORT OFFICER, JAMKHANDI, TQ: JAMKHANDI, DIST: BAGALKOT – 587 311. …RESPONDENTS (BY SRI. T. HANUMAREDDY, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION DIRECTING THE RESPONDENT NUMBER 3 TO 5 NOT TO SEIZE THE VEHICLE OF THE PETITIONER VIZ, HYUNDAI CAR ALCAZAR 1.5 MT SIGNATURE 6S
Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench, Dharwad
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HC-KAR NC: 2025:KHC-D:17585 WP No. 109344 of 2025
IN PUDUCHERRY BY PAYING LIFE TIME TAX BEARING REGISTERED NO.PY 05 P4393 OR DEMAND TAX ONCE AGAIN FROM THE PETITIONER, 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.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, 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 would not merit any acceptance.
Therefore, according to the submission of the learned AGA, if action is
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HC-KAR NC: 2025:KHC-D:17585 WP No. 109344 of 2025
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