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2024 Supreme(Online)(Kar) 43994
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF APRIL, 2024 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 11741 OF 2024 (T-MVT)
BETWEEN:
VENKATESH BABU S/O LATE MARIYAPPA, AGED ABOUT 58 YEARS, NEAR MUNESHWARA TEMPLE, CHIKKAGOLLAHATTI, LAKSHMIPURAM POST, DASANAPURA, BENGALURU NORTH, BENGALURU-572132 …PETITIONER (BY SRI. B R SUNDARA RAJA GUPTA.,ADVOCATE)
AND:
1. THE REGIONAL TRANSPORT OFFICER TUMKUR - 572101.
2. INSPECTOR OF MOTOR VEHICLES OFFICE OF THE REGIONAL TRANSPORT OFFICER, Digitally signed by TUMKUR - 572101.
LEELAVATHI S R Location: HIGH …RESPONDENTS COURT OF KARNATAKA THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TOQUASH THE SEIZURE ORDER ISSUED IN FORM NO. 27 DATED 15.07.2023 IN RESPECT OF VEHICLE NO. KA-52-A 4977 HAVING CHASSIS NO. MBIPBEFC6EEYNO385 MARKED UNDER ANNEXURE D BY ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT ORDER OR DIRECTION AND GRANT SUCH OTHER RELIEFS AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
In this petition, the petitioner seeks quashing of the seizure order dated 15.07.2023 under the Annexure-D in respect of the subject vehicle bearing No.KA-52-A-4977 and for other reliefs.
2. Heard learned counsel for the petitioner and learned AGA for the respondent and perused the material on record.
3. Learned AGA has filed a memo enclosing a copy of the notice dated 22.04.2024 along with the computation sheet to the effect that the petitioner is due in sum of Rs.14,22,576/- towards the arrears of tax in relation to the subject vehicle as on today.
4. Per contra, learned counsel for the petitioner, in addition to reiterating the contentions urged in the of petition and referring to the judgment of this court in Sri S.Honnegowda Vs. The Regional Transport Officer and Others (W.P.No.19050/2021 D.D. 27.10.2021) at Annexure-E, submits that without prejudice to the rights and contentions of the petitioner, the petitioner undertakes to deposit a sum of Rs.9 Lakhs before the RTO, Nelamangala, tomorrow and the subject vehicle may be released upon production of the receipt of the said amount and liberty may be reserved in favour of the petitioner to submit his reply to the show cause notice and to contest the same, in accordance with law.
5. In view of the aforesaid facts and circumstances, I deem it just and appropriate to dispose of this petition by issuing certain directions to the parties.
6. In the result, I pass the following:
ORDER
(i) Petition is disposed off;
(ii) Respondents are directed to release the subject vehicle bearing No.KA-52-A-4977 to the petitioner immediately upon production of receipt of having deposited/paid the sum of Rs.9 Lakhs to the RTO, Nelamangala;
(iii) Liberty is reserved in favour of the petitioner to file his objections along with documents to the Notice dated 22.04.2024, which shall be considered by the respondents, who shall pass appropriate orders, in accordance with law, after providing an opportunity to the petitioner; and (iv) The petitioner undertakes to appear before the respondents on 08.05.2024.
