Partly allowed

Avivaan Enterprises v. State of Odisha

Orissa HC28 Jun 2022WP(C)/14920/2022

Case brief

AI extract

What is this about?

Petitioner challenged a tax notice and recovery certificate regarding a vehicle. The High Court disposed of the writ, directing that no coercive measures be taken if the tax dues are deposited within three weeks, and directed the authority to consider the case sympathetically within six weeks.

What did the court decide?

The writ petition disposed of with direction to deposit tax in three weeks to prevent coercive measures; authority directed to consider case within six weeks.

Avivaan Enterprises Vs State of Odisha — Motor Accident Claims | Orissa HC (2022)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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WP(C) No. 14920 of 2022

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Avivaan Enterprises …. Petitioner

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Mr. Dhirendra Kumar Mohapatra, Advocate

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-versus-

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State of Odisha and others …. Opp. Parties Mr.Pravakar Behera, Standing Counsel (Transport)

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CORAM: JUSTICE K.R.MOHAPATRA

ORDER

Order No.

01.

28.06.2022

This matter is taken up through hybrid mode.

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The Petitioner who is a owner of vehicle bearing Registration No.OD-16-E-3612 (Trailer) challenges the notice to show cause dated 17.01.2022 vide penalty proceeding case No.961/2022, notice of demand of M.V. tax and penalty amount of Rs.53,000/- dated 17.01.2022 and the Certificate of Recovery dated 17.01.2022 for the period from 01.01.2021 to 31.12.2021 in respect of the aforesaid vehicle.

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It is submitted by the learned counsel that the Petitioner is ready and willing to pay the Certificate amount of Rs.53,000/- as mentioned in Annexures -1 and 2 within a period of three weeks hence.

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// 2 //

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In view of the fact that the Petitioner is ready and willing to pay the outstanding tax amount of Rs. 53,000/-, this Court disposes of the writ petition with a direction that in the event the Petitioner deposits the aforesaid amount within a period of three weeks hence, no coercive measure pursuant to the certificate issued shall be taken against him. On payment of the outstanding dues, 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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The notice under Section 13(2) of OMVT Act, 1975 shall be replied by the petitioner within a period of three weeks and in that event, the authority shall consider the case of the petitioner sympathetically and decide the same in accordance with law within a period of six weeks thereafter.

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Issue urgent certified copy of the order on proper application.

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(K.R.Mohapatra)

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Judge

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s.s.satapathy

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Avivaan Enterprises v. State of Odisha

Case brief

What is this about?

What did the court decide?

Avivaan Enterprises v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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