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Yudhisthira Parida and Co,Bhadrak v. State of Odisha

Orissa HC22 Jun 2022WP(C)/14353/2022

Case brief

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What is this about?

Petitioner sought direction to pay arrear vehicle tax without penalty for non-payment between April and June 2022. Court directed payment within four weeks, waiver of penalties, and issuance of permit/fitness certificate thereafter.

What did the court decide?

Direction to accept arrear tax payment, waive penalties, and issue permit/fitness certificate upon undertaking to appeal.

Yudhisthira Parida and Co,Bhadrak Vs State of Odisha — Banking and Recovery | Orissa HC (2022)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C) NO. 14353 OF 2022

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Yudhisthira Parida and Co., Bhadrak ..... Petitioner Mr.Pranab Kumar Samantray, Advocate

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-versus-

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….. State of Odisha and others Opp. Parties Mr.Suvashis Pattnaik, Additional Government Advocate (For Opp. Party No.1) Mr. Pravakar Behera, Standing Counsel (For Opp. Party Nos. 2 and 3)

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CORAM: JUSTICE K.R. MOHAPATRA ORDER 22.06.2022 1. This matter is taken up through hybrid mode. 2. 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.OD-04-E-2559 (Tipper) for the period from 1^st April, 2022 to 30^th June, 2022 within the stipulated period.

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Order No.

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Mr. Samantray, 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.

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

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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.OD-04-E-2559 (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.

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Urgent certified copy of this order be granted on proper application.

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bks

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Yudhisthira Parida and Co,Bhadrak v. State of Odisha

Case brief

What is this about?

What did the court decide?

Yudhisthira Parida and Co,Bhadrak v. State of Odisha

Case brief

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What did the court decide?

What the court decided

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