Mohd. Shahanshah Vs State of U.P. and Another

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Court No. - 35 Case :- WRIT TAX No. - 343 of 2019 Petitioner :- Mohd. Shahanshah Respondent :- State Of U.P. And Another Counsel for Petitioner :- Sudhakar Yadav Counsel for Respondent :- C.S.C.

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Hon'ble Bharati Sapru,J. Hon'ble Piyush Agrawal,J.

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Heard Shri Sudhakar Yadav, learned counsel for the petitioner and Shri Vinod Kant, learned Additional Advocate General assisted by Shri B.P. Singh Kachhawah, learned Standing Counsel for the respondents.

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The petitioner has prayed that he may be allowed to pay the amount of Rs.2,47,500/- in easy instalments towards road tax. He further prayed to pay the amount of penalty in easy instalments.

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Learned Counsel for the contesting respondent has no objection in accepting the amount in easy instalments.

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Accordingly, this Court fixes four equal monthly instalments for the petitioner. The first instalment will become payable on 15th of April, 2019 and the rest three instalments will be paid by the petitioner on the 15th day of each succeeding month.

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In case, the petitioner deposits the amount in instalments as stated above, no coercive measures regarding recovery may be taken against the petitioner.

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After deposit of the 50 per cent of the amount as indicated above, the vehicle of the petitioner may be released forthwith.

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Insofar as the penalty is concerned, it is open to the petitioner to take recourse to the statutory remedy available to him under the law.

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Failure to deposit any instalment within time as stated above will leave it open to the respondents to proceed in accordance with law.

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With the aforesaid observations, the writ petition stands disposed of. No costs.

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Order Date :- 25.3.2019

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Mohd. Shahanshah v. State of U.P. and Another

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