Mahendrakumar Babasab Patil vs State Of Karnataka
2025 Latest Caselaw 9968 Kant

Karnataka High Court

Mahendrakumar Babasab Patil vs State Of Karnataka on 7 November, 2025

Author: M.Nagaprasanna

Bench: M.Nagaprasanna

                                                    -1-
                                                                NC: 2025:KHC-D:15251
                                                           WP No. 108270 of 2025


                       HC-KAR


                           IN THE HIGH COURT OF KARNATAKA, AT DHARWAD

                                DATED THIS THE 7TH DAY OF NOVEMBER, 2025
                                                 BEFORE
                                THE HON'BLE MR. JUSTICE M.NAGAPRASANNA

                             WRIT PETITION NO. 108270 OF 2025 (GM-RES)

                      BETWEEN:
                      MAHENDRAKUMAR BABASAB PATIL,
                      AGE. 53 YEARS, OCC. AGRICULTURE,
                      R/O. GOLABHAVI, TQ. RABAKAVI BANAHATTI,
                      BAGALKOTE DISTRICT, KARNATAKA-587 315.
                                                                         ...PETITIONER
                      (BY SRI. S. C. BHUTI, ADVOCATE)

                      AND:

                      1.   STATE OF KARNATAKA,
                           REPRESENTED BY ITS CHIEF SECRETARY,
                           VIDHANA SOUDHA, AMBEDKAR VEEDHI,
                           BENGALURU - 560 001.
                      2.   THE COMMISSIONER, TRANSPORT AND ROAD SAFETY,
                           I FLOOR, A BLOCK TTMC BUILDING, SHANTI NAGAR,
                           WILSON GARDEN, BENGALURU - 560 027.
                      3.   THE REGIONAL TRANSPORT OFFICE (RTO),
Digitally signed by        REPRESENTED BY THE INSPECTOR OF MOTOR VEHICLES
VISHAL NINGAPPA
PATTIHAL                   (IMV) BAGALKOTE DISTRICT, BAGALKOTE - 587 101.
Location: High
Court of Karnataka,   4.   THE REGIONAL TRANSPORT
Dharwad Bench,             OFFICER (RTO), BAGALKOTE DISTRICT,
Dharwad
                           BAGALKOTE - 587 101.
                      5.   THE ASSISTANT REGIONAL
                           TRANSPORT OFFICER (ARTO)
                           JAMKHANDI TALUK, JAMKHANDI-587311
                                                                   ...RESPONDENTS
                      (BY SRI. T. HANUMAREDDY, AGA FOR RESPONDENT/STATE)

                           THIS WRIT PETITION IS FILED UNDER ARTICLES 226 OF THE
                      CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS
                      OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION,
                      DIRECTING THE RESPONDENTS NO.3 TO 5 NOT TO SEIZE VEHICLE OF
                                 -2-
                                             NC: 2025:KHC-D:15251
                                          WP No. 108270 of 2025


HC-KAR


THE PETITIONER BERING REG. NO. PY-05/Q-2555 VIZ., TOYOTA
PLATINUM WHITE PEARL INNOVA CRYSTA 2 4Z MT OR DEMAND TAX
ONCE AGAINST FROM THE PETITIONER. DIRECT THE CONTESTING
RESPONDENTS TO PAY THE COSTS OF THESE PROCEEDINGS AND
GRANT SUCH OTHER RELIEF OR RELIEFS AS THIS HON BE COURT
DEEMS FIT TO GRANT IN THE CIRCUMSTANCES OF THE CASE, IN THE
INTEREST OF JUSTICE 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 the

following prayer:

(a) Issue a writ of mandamus or any other appropriate writ, order or direction, directing the respondents no.3 to 5 not to seize vehicle of the petitioner bering Reg. No. PY-05/Q-2555 viz., Toyota Platinum White Pearl Innova Crysta 2 4Z MT or demand tax once against from the petitioner.

and

(b) Direct the contesting respondents to pay the costs of these proceedings and grant such other relief or reliefs as this Hon'be court deems fit to grant in the circumstances of the case, in the interest of justice

2. Heard the learned counsel Shri S.C.Bhuti

appearing for the petitioner and the learned AGA Shri

T.Hanumareddy appearing for the respondent - State.

3. Learned counsel appearing for the parties in

unison would submit that, the issue in the lis stands

NC: 2025:KHC-D:15251

HC-KAR

answered by this Court in W.P. No.107471 of 2025,

disposed of on 27th October 2025. This Court held as

follows:

"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 and 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, according to the submission of the learned AGA, if action is to be initiated against this 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."

4. In the light of the issue standing covered by the

judgment passed by this Court (supra), on all its fours and

on the same reasons, the subject petition also stands

disposed.

Sd/-

(M.NAGAPRASANNA) JUDGE VNP/CT-ASC