Petitioner challenged unjustified Demand Notices regarding two non-running tippers. Court directed the Authority to dispose of the pending representation within four weeks and restrained coercive action until disposal.
Direction to dispose of representation within four weeks; restrain coercive action till disposal.
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W.P.(C) NO.22611 of 2016
02. 15.03.2017 Heard.
The petitioner is stated to be the owner of two Tippers bearing Registration N
os. OR-14-8242 and OR-14-8243.
It is asserted by learned counsel for the petitioner that the Tippers are not
in running condition since the date of purchase and the Demand Notices vide Annexures 2 & 3 a
re not justified.
In this regard, the petitioner is stated to have filed a representation before
the R.T.O.-cum-Taxing Officer, Rourkela vide Annexure 4, which is stated to be still pending
.
Taking into consideration the facts and submissions, the writ application is d
isposed of, directing the R.T.O.-cum-Taxing Officer, Rourkela Opp. Party, to dispose of the r
epresentation of the petitioner vide Annexure- 4 within four weeks from the date of receipt of
a Certified Copy of this Order along with a copy of the writ application containing all the A
nnexures.
The petitioner be given opportunity to produce all the documents and other evi
dence to justify his claim.
Till disposal of the representation, no coercive action shall be taken against
the petitioner.
The writ application is accordingly disposed of.
Urgent certified copy of this Order be granted as per rules.
Subha
2 issues framed by the court
Whether the R.T.O.-cum-Taxing Officer should dispose of the pending representation within four weeks.
Whether any coercive action should be taken against the petitioner during the pendency of the representation.
Petitioner (Owner of Tippers OR-14-8242, OR-14-8243)
R.T.O.-cum-Taxing Officer, Rourkela
Subha
As recorded by the court registry
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