Disposed

Sanjay Das v. a.R.T.O., Barbil

Orissa HC7 Jun 2022WP(C)/14288/2022

Case brief

AI extract

What is this about?

Court disposed of writ petition granting liberty to petitioner to pay arrear tax for a specific vehicle within four weeks and file an appeal regarding penalties, allowing acceptance of tax payment upon undertaking to appeal.

What did the court decide?

Liberty to pay arrear tax within four weeks and file appeal against penalties; authority directed to accept payment and issue permit/fitness certificate.

Sanjay Das Vs a.R.T.O., Barbil — Writ and Judicial Review | Orissa HC (2022)

¶1

IN THE HIGH COURT OF ORISSA AT CUTTACK

¶2

W.P.(C) No. 14288 OF 2022

¶3

Sanjay Das

¶4

…. Petitioner

¶5

Mr. Sitansu Mohan Singh, Advocate

-versus-

R.T.O., Barbil

…. Opp. Party

Mr. Pravakar Behera,

Standing Counsel

CORAM:

JUSTICE K.R. MOHAPATRA

ORDER

Order No.

07.06.2022

This matter is taken up through Hybrid mode.

¶18

The Petitioner in this writ petition prays for a direction for acceptance of arrear tax amount by exempting penalties due to non- payment of tax of the vehicle bearing Registration No.OR-14-A-1381 (Tipper) for the period from July, 2018 onwards within the stipulated period.

¶19

Mr. Singh, learned counsel for the Petitioner submits that the Petitioner may be permitted to pay the arrear tax and move the appellate authority challenging imposition of penalties. He further submits that due to some inadvertency, the Petitioner could not pay the tax in time in respect of the aforesaid vehicle for which the authorities have imposed penalties. He, therefore, prays for a direction for waiver of the penalties and acceptance of the arrear tax in question.

¶20

Mr. Behera, learned Standing Counsel for the Transport Department submits that similar writ petitions have been disposed of granting liberty to the Petitioner to pay the arrear tax

¶21

Page 1 of 2

¶22

// 2 //

¶23

and file an appeal before the appellate authority assailing imposition of penalties.

¶24

Taking into consideration the submissions of learned counsel for the parties, this writ petition is disposed of with a direction that in the event the Petitioner pays the arrear tax in respect of the vehicle bearing registration No. OR-14-A-1381 (Tipper) within a period of four weeks and gives an undertaking to the effect that he will file an appeal before the appellate authority for waiver of the penalties, the appropriate authority shall accept the same and proceed in accordance with law. On payment of outstanding tax amount and upon filing of an application, if any, the authority shall consider issuance of permit and fitness certificate in respect of the aforesaid vehicle in accordance with law.

¶25

Issue urgent certified copy of the Order on proper application.

¶26

(K.R. Mohapatra) Vacation Judge

¶27

s.s.satapathy

¶28

Page 2 of 2

Sanjay Das v. a.R.T.O., Barbil

Case brief

What is this about?

What did the court decide?

Sanjay Das v. a.R.T.O., Barbil

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Balaram Mallick Vs Tahasildar, Dasarathapur, Jajpur

Mahendra Sahoo Vs State of Odisha

Arakhita Sahoo Vs State of Odisha

Manmatha Das Vs R.T.O., Chandikhole

Niranjan Biswal Vs Regional Manager, Rbi, Bbsr

Bhubaneswar Naik Vs Shrimati Patel