Disposed

Biswajit Padhi v. State of Odisha

Orissa HC1 Aug 2022WP(C)/18701/2022

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What is this about?

The High Court disposed of a writ petition after granting the petitioner liberty to pay arrears of Motor Vehicle tax within four weeks. The authority is directed to accept the payment upon filing an undertaking to challenge penalties, followed by consideration for fitness certificate and permit.

What did the court decide?

liberty to pay arrear MV tax and file appeal against penalties within four weeks.

Biswajit Padhi Vs State of Odisha — Service and Employment | Orissa HC (2022)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C) No. 18701 OF 2022

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Biswajit Padhi …. Petitioner Mr.S.K.Bhanjdeo, Advocate On behalf of Mr. Abhaya Kumar Behera, Advocate

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-versus-

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State of Odisha 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
ORDER
Order No. 01.08.2022
01. 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-10-M-0108 for the period from 01.04.2017 to
30.09.2022 within the stipulated period.

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Mr. Bhanjdeo, learned counsel for the Petitioner submits that the Petitioner 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 inadvertence, 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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Page 1 of 2

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// 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-10-M-0108 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.

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(K.R. Mohapatra) Judge

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s.s.satapathy

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Biswajit Padhi v. State of Odisha

Case brief

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Biswajit Padhi v. State of Odisha

Case brief

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