Karnataka High Court
M/S Rajiv Travels vs The State Of Karnataka on 1 December, 2025
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NC: 2025:KHC:49754
WP No. 34308 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF DECEMBER, 2025
BEFORE
THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA
WRIT PETITION NO. 34308 OF 2025 (MV)
BETWEEN:
M/S RAJIV TRAVELS,
A PROPRIETARY CONCERN
REPRESENTED BY ITS PROPRIETOR,
SRI. RAVI PRAKASHA REDDY,
AGED ABOUT 49 YEARS,
S/O LATE H. RAJGOPAL REDDY,
RESIDING AT NO. 2A,
SEETHARAM NIVAS,
K.C. ROAD, BALLARI- 583 101.
ALSO HAVING OPERATIONAL OFFICE AT
MAJESTIC. OPP. GANESH TEMPLE,
BENGALURU 560 009.
...PETITIONER
Digitally signed by (BY SRI. MANOJ S N., ADVOCATE)
MAHALAKSHMI B M
Location: HIGH AND:
COURT OF
KARNATAKA
1. THE STATE OF KARNATAKA,
REPRESENTED BY ITS
PRINCIPAL SECRETARY,
TRANSPORT DEPARTMENT,
M.S. BUILDING, DR. AMBEDKAR VEEDHI,
BENGALURU - 560 001.
2. THE JOINT COMMISSIONER FOR
TRANSPORT (ENFORCEMENT),
GOVERNMENT OF KARNATAKA,
BENGALURU - 560 001.
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WP No. 34308 of 2025
HC-KAR
3. THE REGIONAL TRANSPORT OFFICER
(ENFORCEMENT),
RTO NELAMANGALA,
BENGALURU RURAL DISTRICT- 562 123.
4. THE MOTOR VEHICLE INSPECTOR.
RTO (ENFORCEMENT),
NELAMANGALA,
BENGALURU RURAL DISTRICT- 562 123.
...RESPONDENTS
(BY SRI. RASHMI M RAO., HCGP )
THIS WP IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
THE SEIZURE AND DETENTION OF THE PETITIONERS
VEHICLE BEARING REGISTRATION NO.AR06 B 9988 BY
THE 3RD AND 4TH RESPONDENTS ON 07.11.2005 AS PER
ANNEXURE-E AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS
UNDER:
CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA
ORAL ORDER
Learned High Court Government Pleader accepts notice for the respondents.
2. The petitioner has approached this Court seeking a direction to quash the seizure and detention of the petitioner's vehicle bearing registration No.AR06-B-9988 -3- NC: 2025:KHC:49754 WP No. 34308 of 2025 HC-KAR by respondent Nos.3 and 4 on 07.11.2025 (Annexure-E) and further seeking a writ of mandamus directing the respondents to forthwith release the said vehicle to the petitioner on the production of Valid All India Tourist Authorisation, All India tax receipt, Insurance and Fitness Certificate.
3. The petitioner claims to be the proprietor of M/s Rajiv Travels, a transport enterprise engaged in operating tourist passenger vehicles under All India Tourist Permit issued by the competent authority of the State of Arunachal Pradesh. The said bus was scheduled for inter- state journey from Mantralaya to Bengaluru on 06.11.2025. On 07.11.2025, the respondents' Enforcement Officials intercepted and seized the vehicle, on the ground that the chassis number appeared visually inconsistent, with the differences in font and alignment, and expressing suspicion of tampering requiring FSL verification and have seized the vehicle and issued a seizure memo.
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4. Learned counsel for the petitioner submits that the alleged seizure is without issuing a prior notice as contemplated under Section 55(5) of the Motor Vehicles Act, 1988 (for short 'the MV Act, 1988') and more particularly the respondents are not the registering authority.
5. Learned High Court Government Pleader for the respondent-State has filed a memo producing notice dated 11.11.2025 issued to the petitioner for calling upon the petitioner to produce the documents required for further action.
6. Section 55(5) of the MV Act, 1988 reads as under:
"55(5)-If a registering authority is satisfied that the registration of a motor vehicle has been obtained on the basis of documents which were, or by representation of facts which was, false in any material particular, or the engine number or the chassis number embossed thereon are different from such number entered in the certificate of -5- NC: 2025:KHC:49754 WP No. 34308 of 2025 HC-KAR registration, the registering authority shall after giving the owner an opportunity to make such representation as he may wish to make (by sending to the owner a notice by registered post acknowledgment due at his address entered in the certificate of registration) and for reasons to be recorded in writing, cancel the registration."
7. Sections 55 of the MV Act, 1988 deals with the cancellation of registration and sub-section 5 of the MV Act, 1988 states that, if the registering authority is satisfied that the registration of the motor vehicle has been obtained on basis of document or by a representation of facts, which was false in any material particular or engine number or chassis number imposed thereon are different from such number entered in a certificate of registration, the authority, who is none, but the registering authority shall give an opportunity to the owner to make representation. The seizure is by the respondents and not the registering authority. Therefore, the subject vehicle cannot be seized without following the procedure -6- NC: 2025:KHC:49754 WP No. 34308 of 2025 HC-KAR prescribed under Section 55(5) of the MV Act, 1988. Hence, this Court pass the following:
ORDER
i) The writ petition is disposed of.
ii) Respondent No.3 is directed to consider the release of the petitioner's vehicle bearing registration No.AR06-B-9988, subject to the following conditions:
a) The petitioner shall furnish the copies as demanded in the notice dated 11.11.2025.
On furnishing of the said documents and upon being satisfied, respondent No.3 shall release the petitioner's vehicle bearing registration No.AR06-B-9988.
b) The entire exercise shall be completed within ten(10) days from the date of receipt of a certified copy of this order.
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c) Liberty is reserved to the respondents to take appropriate action under Section 55(5) of the MV Act, 1988.
SD/-
_____________________ JUSTICE K.S. HEMALEKHA PHM List No.: 1 Sl No.: 4