Disposed

Sarojkanta Mallick v. Regional Transport Officer,Cuttack

Orissa HC15 Jan 2021WP(C)/439/2021

Case brief

AI extract

What is this about?

This court disposed of a writ petition filed by a transporter seeking directions to pay arrears of MV tax for fitness certificate renewal. The court directed the petitioner to file the requisite application in statutory form along with a cause-meeting under Section 13(2), while mandating the Regional Transport Officer to dispose of the application expeditiously within six weeks.

What did the court decide?

Directed the petitioner to file Form No-II application and cause-note under Section 13(2) OMVT Act within 2 weeks; RTO to decide expeditiously within 6 weeks.

Sarojkanta Mallick Vs Regional Transport Officer,Cuttack — Service and Employment | Orissa HC (2021)

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W.P.(C) No.439 of 2021

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02. 15.01.2021 This matter is taken up through Video Conferencing in the wake of Lockdown due to Pandemic COVID-19.

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Heard Mr. Ashok Kumar Rout, 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–Regional Transport Officer, Cuttack to accept M.V. tax and Additional M.V. Tax and fees towards renewal of fitness certificate. So far as penalty is concerned, the petitioner shall approach the appropriate authority/forum as provided under OMVT Act, 1975 for determination and adjudication in respect of the vehicle bearing Registration No.OR-05-U-1840.

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Mr. Rout, learned counsel for the petitioner submits that the petitioner was regularly paying quarterly MV tax along with Additional MV tax and there is arrear of MV tax and Additional MV tax for the period 01.01.2020 to 31.03.2021, which the petitioner could not pay in time due to financial difficulties.

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For non-payment of tax from 01.01.2020 to 31.03.2021 due to financial difficulties, the petitioner could not pay the tax in time and the petitioner wants to pay the same. So far as the penalty is concerned, the petitioner wants to file showcause/explanation under Section 13(2) of the Odisha Motor Vehicles Taxation Act.

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Mr. Behera, learned Standing Counsel for the Transport Department submits that the petitioner may kindly be directed to file an application in Form No-II of Odisha Motor Vehicle Rules for fitness certificate of the vehicle and further, direct to pay tax the amount of tax before the Regional Transport Officer, Cuttack to file cause-cause/explanation under Section

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13(2) of the Odisha Motor Vehicles Taxation Act.

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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 shall make an appropriate application in statutory form, i.e., Form No-II of Odisha Motor Vehicle Rules for issuance of fitness certificate and to file cause-cause/explanation under Section 13(2) of the Odisha Motor Vehicles Taxation Act within 2(two) weeks along with necessary documents before the Regional Transport Officer, Cuttack from today, so far as the issuance of necessary fitness certificate and tax is concerned, the Regional Transport Officer, Cuttack-opposite party 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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The opposite party 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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……..…..…………

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P. Patnaik, J.

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Sarojkanta Mallick v. Regional Transport Officer,Cuttack

Case brief

What is this about?

What did the court decide?

Sarojkanta Mallick v. Regional Transport Officer,Cuttack

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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