Sangam Lal v. State of U.P. and 2 Others

Court No. - 21

Case :- WRIT TAX No. - 560 of 2020 Petitioner :- Sangam Lal Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rajneesh Tripathi,Anil Kumar Yadav Counsel for Respondent :- C.S.C.

Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Sanjay Kumar Pachori,J.

Heard Sri Rajnessh Tripathi, learned counsel for the petitioner and Sri Sanjay Kumar Singh, learned Addl. Chief Standing Counsel for the respondents.

The present petition has been preferred by the petitioner for the following relief:-

"(a) Issue a writ order or direction in the nature of certiorari to quash the recovery certificate dated 13.09.2019 issued by the respondents against the petitioner (Annexure No.2) to this writ petition.

(b) Issue a writ order or direction in the nature of mandamus commanding the respondents and directing them not to issue any coercive measure against the petitioner regarding the recovery of amount."

Learned counsel for the petitioner submits that the petitioner purchased a Motor Van No.UP70-CT-9860 in the year 2015 and the same was registered with the Regional Transport Officer, Allahabad on 19.10.2015, wherein it has been stated that the owner of the vehicle/petitioner should deposit Rs.3960/quarterly towards road tax. Unfortunately, an accident took place with the vehicle of the petitioner on 22.12.2015 and it is lying in the garage since 22.12.2015 on account of which the petitioner could not deposit the amount of road tax. Consequently, the respondent no.3/Assistant Regional Transport Officer (Administration), Prayagraj has issued the impugned recovery certificate on 13.9.2019 against the petitioner. He very fairly submits that due to huge financial crisis, the petitioner was unable to deposit Rs.1,12,662/- in response to the recovery certificate and in case some reasonable time is accorded by this Court, then definitely the petitioner would deposit the entire outstanding amount.