Partly allowed

Nirmal Kumar Sethi v. R.T.O., Mayurbhanj

Orissa HC22 Jan 2021WP(C)/1276/2021

Case brief

AI extract

What is this about?

This petition sought directions for the R.T.O., Mayurbhanj to accept tax and issue a fitness certificate for a truck. The court directed the R.T.O. to dispose of the application within six weeks if statutory forms are filed. The petitioner was also directed to file an appeal against any penalty within four weeks, with an order staying coercive action pending appeal and condoning delay.

What did the court decide?

Direction to R.T.O., Mayurbhanj to dispose of fitness certificate application within six weeks. Stay of coercive action on penalty pending appeal filed within four weeks.

Nirmal Kumar Sethi Vs R.T.O., Mayurbhanj — Service and Employment | Orissa HC (2021)

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W.P.(C) No.1276 of 2021

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02 22.01.2021

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This matter is taken up through Video

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Conferencing because of COVID-19.

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Heard Mr. Chandan Mishra, learned counsel for the petitioner and Mr. Pravakar Behera, learned Standing Counsel for Transport Department.

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In this petition, the petitioner prays for a direction to opposite party R.T.O., Mayurbhanj to accept the tax for the vehicle Registration No.OD-11-H-7322 (Truck) and also grant fitness certificate.

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Mr. Mishra, learned counsel for the petitioner submits that the petitioner has approached the opposite party No.1 to accept the tax and also grant of fitness certificate in accordance with law and so far as the balance of penalty is concerned, the petitioner is ready to prefer the procedure available before the appropriate authority in accordance with law for the penal amount imposed on his vehicle.

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Mr. Behera, learned Standing Counsel for the Transport Department submits that if the petitioner makes an appropriate application in statutory form, i.e., Form No.16 of Odisha Motor Vehicle Rules for permit and Form No-II of Odisha Motor Vehicle Rules for issuance of fitness certificate within a stipulated time along with necessary documents before the R.T.O., Mayurbhanj, the said authority may dispose of the application of the petitioner in accordance with law, then the grievance of the petitioner shall be redressed.

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Considering the submissions made by the parties, the writ petition is disposed of with a direction that in the event the petitioner makes an appropriate application in statutory form, i.e., Form No.16 of Odisha Motor Vehicle Rules for permit and Form No-II of Odisha Motor Vehicle Rules for

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issuance of fitness certificate within 2(two) weeks from today along with necessary documents before the R.T.O., Mayurbhanj, so far as the issuance of necessary fitness certificate is concerned, the R.T.O., Mayurbhanj-opposite party No.1 shall do well to dispose of the application filed by the petitioner in accordance with law as expeditious as possible preferably within a period of six weeks from the date of production of certified/authenticated copy of this order.

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So far as penalty is concerned, the petitioner is directed to file appeal within a period of four weeks from today. On filing of appeal by the time prescribed, no coercive action shall be taken against the petitioner so far as penalty is concerned till disposal of the appeal filed by the petitioner. The delay, if any, in filing the appeal, shall be condoned, taking a liberal view of the matter, as the matter was pending before this Court.

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The opposite party No.1 shall act on production of certified/authenticated copy of this order along with the writ petition and relevant documents.

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As restrictions are continuing due to COVID-19 pandemic, learned counsel for the parties may utilize the soft copy of this order available in the High Court’s official website or print out thereof at par with certified copies in the manner prescribed, vide Court’s Notice No. 4587 dated 25.03.2020.

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P.Patnaik,J

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Nirmal Kumar Sethi v. R.T.O., Mayurbhanj

Case brief

What is this about?

What did the court decide?

Nirmal Kumar Sethi v. R.T.O., Mayurbhanj

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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