Disposed

Virendra Singh v. State of U.P. Thru. Prin. Secy. Transport Lko and 2 Others

Allahabad HC4 Sept 2024WTAX/219/2024

Case brief

AI extract

What is this about?

The petitioner sought cancellation of a vehicle registration and relaxation of tax deposit deadlines. The court directed the taxation authorities to first pass and serve an order before recovery and dismissed the petition in the alternative.

What did the court decide?

Directing authorities to pass and serve order within one month for legal remedy; alternative prayers disposed of.

Virendra Singh vs State of U.P. Thru. Prin. Secy… — Writ and Judicial Review | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:75299-DB

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Court No. - 2

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Case :- WRIT TAX No. - 219 of 2024 Petitioner :- Virendra Singh Respondent :- State Of U.P. Thru. Prin. Secy. Transport Lko And 2 Others Counsel for Petitioner :- Abdul Samad Counsel for Respondent :- C.S.C. Hon'ble Rajan Roy,J. Hon'ble Brij Raj Singh,J.

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Heard.

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This petition has been filed seeking the following prayers:-

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"i) To issue a writ, order or direction, in the nature of Mandamus commanding the opposite party no.3 to cancel the registration mark of vehicle no.UP33/T-3203 (Bus) from the computer portal.

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(ii) To issue a writ, order or direction, in the nature of Mandamus commanding the opposite party no.3 to allow to deposit the due Tax/ additional tax of the vehicle of UP33A-3203 (Bus) for the period of November and December 2016, of amounting Rs.13524/.

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(iii) To issue any other Writ, Order or direction which this Hon'ble Court may deem fit and proper in the circumstances of the case.

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(iv) Award the cost of the Petition in favor of the petitioner."

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On being asked, learned Standing Counsel fairly informs the Court that his instructions are silent as to whether any order has been passed under the U.P. Motor Vehicle Taxation Act, 1997 and the Rules of 1998 made thereunder.

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Be that as it may, if any order has been passed, let it be served upon the petitioner by the Taxation Officer/ A.R.T.O. (Admin) or whosoever is competent within ten days whereupon the petitioner should avail the prescribed remedies. However, if no such order has been passed and straightaway the recovery certificate has been issued, if it is so, then the order will have to be passed and served upon the petitioner whereupon he may assail it in appeal etc as may be prescribed in law. Let this exercise be completed within one month.

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Accordingly, the petition is disposed of.

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(Brij Raj Singh,J.) (Rajan Roy,J. )

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Order Date :- 14.11.2024/Shanu/-

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Digitally signed by :- SHANU SUMAN High Court of Judicature at Allahabad, Lucknow Bench

Virendra Singh v. State of U.P. Thru. Prin. Secy. Transport Lko and 2 Others

Case brief

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Virendra Singh v. State of U.P. Thru. Prin. Secy. Transport Lko and 2 Others

Case brief

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What did the court decide?

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