2025 Supreme(Online)(Kar) 38266
THE HIGH COURT OF KARNATAKA
M.NAGAPRASANNA
SHRI SHRINIVAS S/O SHANKARLAL GUPTA – Appellant
Versus
THE STATE OF KARNATAKA – Respondent
WP 107151/2025
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 20TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 107151 OF 2025 (T-MVT)
BETWEEN:
SHRI SHRINIVAS S/O. SHANKARLAL GUPTA, AGE: 51 YEARS, OCCUPATION: BUSINESS, RESIDINTG AT “SRIKAR”
SY NO. 891E, PLOT NO. 31 BANASHANKARI NAGAR, BANASHANKARI TEMPLE ROAD, RANEBENNUR, TALUK: RANEBENNUR, DISTRICT: HAVERI-581115.
…PETITIONER (BY SRI. PRUTHVIRAJ P. HITTALAMANI, ADVOCATE)
AND:
Digitally signed by RAKESH S 1. THE STATE OF KARNATAKA HARIHAR DEPARTMENT OF TRANSPORT Location: High Court of BY ITS COMMISSIONER FOR TRANSPORT Karnataka, Dharwad Bench, AND ROAD SAFETY, Dharwad OFFICE OF THE COMMISSIONER FOR TRANSPORT, 1ST FLOOR, A BLOCK, TTMC BUILDING, SHANTINAGAR, BENGALURU-560027.
2. THE ASSISTANT REGIONAL TRANSPORT OFFICER, RANEBENNUR, PLOT NO 103 SIDDESHWARA NAGARA, RANEBENNUR DISTRICT HAVERI 581115.
3. THE REGIONAL TRANSPORT OFFICER, HASSAN, B KATHIHALLI, ARASIKERE ROAD, HASSAN-571105.
…RESPONDENTS (BY SRI.T.HANUMAREDDY, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO:
A. ISSUE A WRIT OF MANDAMUS DIRECTING RESPONDENT NO.3 TO FORTHWITH CONSIDER THE PETITIONERS REPRESENTATION DATED 15.07.2024 VIDE ANNEXURE-R ALONG WITH ALL SUPPORTING RECORDS AND TO EFFECT TRANSFER OF OWNERSHIP OF VEHICLE BEARING REGISTRATION NO.KA-27-5634 INTO THE NAME OF PURCHASER RAVI.H.S. IN ACCORDANCE WITH LAW, OR IN THE ALTERNATIVE.
B. ISSUE A WRIT OF MANDAMUS DIRECTING RESPONDENT NO.3 TO FORTHWITH CONSIDER THE PETITIONERS REPRESENTATION DATED 15.07.2024 VIDE ANNEXURE-R AND PASS APPROPRIATE ORDERS WITHIN 4 WEEKS.
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 directing Respondent No.3 to forthwith consider the Petitioners representation dated 15.07.2024 vide ANNEXURE-R along with all supporting records and to effect transfer of ownership of vehicle bearing registration No.KA-27-5634 into the name of purchaser Ravi.H.S. in accordance with law, or in the alternative.
B. Issue a writ of mandamus directing Respondent No.3 to forthwith consider the Petitioner’s representation dated 15.07.2024 vide ANNEXURE-R and pass appropriate orders within 4 weeks;and C. Grant such other reliefs as this Hon’ble Court may deem fit in the facts and circumstances of the case, in the interest of justice and equity.
2. Heard learned counsel Sri.Pruthiviraj P. Hittalamani, appearing for petitioner and learned AGA-Sri.T.Hanuareddy, appearing for respondents.
3. Facts in brief germane are as follows:
The petitioner purchased a heavy goods vehicle bearing registration No.K27-5634 on 01.08.2003 and sold the same on 04.07.2018 to one Sri.Ravi H.S. The petitioner submitted Form-29 and applied for an NOC, which was issued on the same day by recording that taxes had been paid upto 31.07.2018. Five years thereafter, notwithstanding the sale of the vehicle, the respondent No.2 issued a demand notice seeking arrears of tax from the hands of the petitioner.
4. The petitioner is said to have set the criminal law into motion against the person who had purchased the vehicle as he did not come forward to sign Form No-30, Form No.-29 was already submitted. The demand notices continued, culminating in a final demand notice issued to the petitioner assessing the demand at ₹1,57,000/-. The Petitioner then paid arrears of tax and filed affidavit of undertaking regarding such transfer and thereafter submitted a representation to respondent No.3 enclosing all relevant documents and seeking transfer of ownership. The said representation is yet to meet its consideration. It is therefore the petitioner is before this Court in the subject petition.
5. The Learned AGA submits that if reasonable time is granted, the representation of the petitioner would merit consideration and appropriate orders w