Petitioner sought stay on vehicle transfer and recovery of transport tax. Court allowed deposit of tax by specified date for OTS scheme benefit while staying recovery actions.
Stay on recovery of tax; petitioner to deposit Rs.78,105/- by 03.12.2024 for OTS benefit.
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Court No. - 7
Case :- MATTERS UNDER ARTICLE 227 No. - 5499 of 2024
Petitioner :- Main Bahadur
Respondent :- State Of U.P. Thru. Prin. Secy. Transport Deptt. Lko. And 2 Others Counsel for Petitioner :- Vinay Kumar Tiwari Counsel for Respondent :- C.S.C.
Hon'ble Pankaj Bhatia,J.
1 . Heard learned Counsel for the petitioner as well as learned Standing Counsel.
2 . The present petition has been filed by the petitioner alleging that a communication dated 25.10.2024 was addressed to the petitioner stating that in terms of a settlement in between the petitioner and the finance company in respect of the Vehicle No.U.P.32 LN 7059, if the petitioner does not deposit the amount, the vehicle in question shall be transferred in favour of the TATA Motor Finance Limited.
3 . In view of the said allegation notices were directed to be served on respondent no.3. The Counsel for the petitioner has produced Dasti Notice wherein the notice was accepted by one Sushil on 26.11.2024, however, the respondent no.3 has chosen not to appear before this Court.
4 . The Counsel for the petitioner states that the petitioner is ready and willing to deposit the overdue transportation tax amounting to Rs.78105/- within a week from today.
5 . Sri P.K. Singh, RTO is present in Court and stated that in case, the amount is deposited within a week, the benefit of ongoing OTS scheme shall be given to the petitioner.
6 . It is thus provided that the petitioner will move an appropriate application for getting OTS benefit and for depositing the amount of Rs.78105/- within a week with the transportation authority.
7 . In case, the petition deposits such amount of Rs.78105/within a week i.e. on or before 03.12.2024, the benefit of OTS scheme shall be extended to him.
8 . It is provided that no further steps shall be taken with regard to the application filed by the respondent no.3 for transfer of the vehicle till the pendency of the writ petition.
9 . It is made clear that in case, the amount is not deposited within time, the abovesaid benefit shall not be given effect to the petitioner.
10 . List on 04.12.2024 .
11 . No recovery shall be effected from the petitioner till the next date of listing.
Order Date :- 27.11.2024 akverma
Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether to impose a stay on recovery action against the petitioner pending the disposal of the petition.
Main Bahadur
State Of U.P. Thru. Prin. Secy. Transport Deptt. Lko.
Pankaj Bhatia
As recorded by the court registry
2 orders share this CNR
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