Ak Maxx Properties Bangalore Pvt. Ltd. Vs Asst. Regional Transport Officer

AK MAXX PROPERTIES BANGALORE PVT.LTD., A PRIVATE COMPANY HAVING ITS REGISTERED OFFICE AT # 222, 80 FT. ROAD, 12^TH BLOCK, NAGARABHAVI, BENGALOORU - 560 072, REPRESENTED BY ITS DIRECTOR V. BABU

¶10

…PETITIONER

¶11

(BY SMT. SHRUTHI, FOR SRI. M. VINAYA KEERTHY ADVOCATE)

¶12

AND:

¶13

ASST. REGIONAL TRANSPORT OFFICER JNANABHARATHI, MALATHAHALLI, BENGALOORU 560 110

¶14

Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA

¶15

THE POLICE INSPECTOR

¶16

KARNATAKA LOKAYUKTA POLICE STATION, KOPPAL 583 231.

¶17

ESHAPPA

¶18

AGED ABOUT 51 YEARS, S/O DURGAPPA HIREMANI, DEPT. OF DISTRICT ADULT EDUCATION, KOPPAL DISTRICT, KUSHTAGI 583 231.

¶19

…RESPONDENTS (BY SRI. MANJUNATH RAYAPPA, AGA FOR R-1;

¶20

SRI. VENKATESH ARABATTI, ADVOCATE FOR R-2; V/O DATED 21.08.2023, PETITION DISMISSED AS AGAINST R-3)

¶21

2 -

¶22

NC: 2025:KHC:8993 WP No. 40467 of 2015

¶23

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE IMPUGNED ENDORSEMENT DATED. 26.06.2015 [ANNEXURE-D] ISSUED BY R-1 AND ETC.

¶24

THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

¶25

CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ

¶26

ORAL ORDER

¶27

The petitioner is before this Court seeking for the

¶28

following reliefs:

¶29

"(a) Issue a writ of certiorari setting aside the impugned endorsement No.RTO/JB/Ban/KA41-Z5389/2015-2016 Dt. 26.06.2015 (Annexure-D) issued by the first respondent;

¶30

(b) Issue a writ of mandamus directing the first respondent to transfer the Mercedes Benz Car bearing KA-41/Z-5389 in the name of the Petitioner;

¶31

(c) Issue such other relief/s as this Hon'ble Court may deem fit and proper, in the interest of justice and equity."

¶32

The petitioner claims to have purchased a Car belonging to respondent No.3, bearing registration

¶33

No.KA-41/Z-5389, by making payment of a sum of

¶34

`56.00 lakhs.

¶35

3 - NC: 2025:KHC:8993 WP No. 40467 of 2015

¶36

The petitioner had approached respondent No.3 for transfer of Car and thereafter an application was filed with respondent No.1 for the same.

¶37

Respondent No.1 had issued an endorsement dated 26.06.2015 at Annexure D, stating that he has received a letter from respondent No.2 that a raid has been conducted on respondent No.3 and the properties of respondent No.3 have been seized on account of a proceeding initiated against respondent No.3 for disproportionate assets and as such, the transfer could not be made.

¶38

It is challenging the said endorsement, the petitioner is before this Court.

¶39

Learned AGA for respondent No.1 submits that, the proceedings are going on before the Lokayukta Court and the RC Book and RC Card have been exhibited and marked as evidence in those proceedings and until a finding is rendered

¶40

4 -

¶41

NC: 2025:KHC:8993 WP No. 40467 of 2015

¶42

by the Lokayukta Court, transfer cannot be effected.

¶43

The submission of the learned AGA for respondent No.1 would have to be accepted, since the very title of the said Car is in dispute and if the authorities were to come to a conclusion that the Car has not been purchased from and out of the known source of income, then the said Car would have to be seized and auctioned by the respondent No.2 Police.

¶44

In that view of the matter, the relief sought in the present petition cannot be considered at this stage.

¶45

Reserving liberty to the petitioner to adjudicate his rights, which is dependent on the outcome of the proceedings in Special C.C.(P.C)No.8/2016, pending on the file of the learned Principal District

¶46

NC: 2025:KHC:8993 WP No. 40467 of 2015

¶47