Allowed

Subham Ojha v. R.T.O., Keonjhar

Orissa HC13 Jul 2022WP(C)/16791/2022

Case brief

AI extract

What is this about?

This court disposed of a writ petition seeking acceptance of arrears motor vehicle tax with penalty waiver. Directing the authority to accept tax paid within four weeks contingent on an undertaking to appeal against penalties, and to issue permit/fitness certificate upon payment.

What did the court decide?

Petitioner directed to pay arrears within four weeks and undertake appeal; Authority to accept payment, waive penalties, and issue permit.

Subham Ojha Vs R.T.O., Keonjhar — Motor Accident Claims | Orissa HC (2022)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C) No. 16791 OF 2022

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Subham Ojha

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…. Petitioner

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Mr. Purna Chandra Mohapatra, Advocate

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-versus-

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R.T.O., Keonjhar and another

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…. Opp. Parties Mr. Pravakar Behera,

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Standing Counsel, Transport Department

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CORAM:

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JUSTICE K.R. MOHAPATRA

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Order No.

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ORDER 13.07.2022 1. This matter is taken up through Hybrid mode. 2. The Petitioner in this writ petition prays for a direction for acceptance of arrear MV tax amount by exempting penalties due to non-payment of tax of the vehicle bearing Registration No.OD-09-M-1919 (Tata Tipper) for the period from 01.10.2021 to 30.06.2022 within the stipulated period. 3. Mr. Mohapatra, 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 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 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

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Page 1 of 2

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// 2 //

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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-09-M-1919 (Tata 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 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. Issue urgent certified copy of the Order on proper application. (K.R. Mohapatra) Judge

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s.s.satapathy

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Subham Ojha v. R.T.O., Keonjhar

Case brief

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Subham Ojha v. R.T.O., Keonjhar

Case brief

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