Disposed

Md.Soharab Anasari v. State of Odisha

Orissa HC24 Aug 2022WP(C)/15578/2022

Case brief

AI extract

What is this about?

In W.P.(C) No.15578 of 2022, the High Court of Orissa disposed of the petition granting liberty to the petitioner to pay outstanding Motor Vehicle Tax for a truck within four weeks and file an appeal for penalty waiver. Upon compliance, authorities must consider issuance of permit and fitness certificate.

What did the court decide?

Liberty to pay arrears of Motor Vehicle Tax and file appeal against penalties within four weeks, contingent upon which authorities must consider grant of permit and fitness certificate.

Md.Soharab Anasari Vs State of Odisha — Motor Accident Claims | Orissa HC (2022)

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IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) NO.15578 OF 2022

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Md. Soharab Anasari

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…. Petitioner

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Mr. Chiranjeev Bidyabhushan,

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Advocate

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-versus-

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State of Odisha and others

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…. Opp. Parties

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Mr. Pravakar Behera, Standing Counsel (For Transport Department)

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CORAM:

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JUSTICE K.R. MOHAPATRA

Order No.

ORDER 24.08.2022

This matter is taken up through hybrid mode.

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The Petitioner in this writ petition prays for a direction to waive the MV tax amount for the period from 1^st January, 2021 to 31^st March, 2023 and also the penalties imposed due to non-payment of MV tax of the vehicle bearing Registration No.OD-16-E-8066 (Truck) for the period from 1^st January, 2021 to 31^st March, 2023 within the stipulated period.

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In course of hearing, Mr. Bidyabhushan, learned counsel submits that the Petitioner is ready and willing to pay the outstanding MV tax amount and he may be permitted to pay the arrear MV tax and move the appellate authority challenging imposition of penalties. He further submits that due to some inadvertency, the Petitioner could not pay the MV 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 MV tax in question.

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Page 1 of 2

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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 MV 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 MV tax in respect of the vehicle bearing Registration No.OD-16-E-8066 (Truck) 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 MV 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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(K.R. Mohapatra) Judge

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bks

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Md.Soharab Anasari v. State of Odisha

Case brief

What is this about?

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Md.Soharab Anasari v. State of Odisha

Case brief

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