Partly allowed

Annapurna Sinha v. R.T.O., Rourkela

Orissa HC4 Aug 2022WP(C)/19034/2022

Case brief

AI extract

What is this about?

A writ petition seeking acceptance of arrear MV tax with waiver of penalties. The court directed the authority to accept tax payment if made within four weeks, provided the petitioner undertakes to appeal against penalty imposition, and to process permit and fitness certificate applications accordingly.

What did the court decide?

Direction to accept arrear MV tax payment within four weeks upon undertaking to file an appeal against penalties, subject to further processing of permit and fitness certificate.

Annapurna Sinha Vs R.T.O., Rourkela — Service and Employment | Orissa HC (2022)

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IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) NO.19034 OF 2022

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Annapurna Sinha

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…. Petitioner

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Mr. Sabyasachi Mishra, Advocate

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-versus-

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R.T.O., Rourkela

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…. Opp. Party

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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

Order No.

04.08.2022

This matter is taken up through hybrid mode.

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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 MV tax of the vehicle bearing Registration No.OR-14-P-4712 (Truck) for the period from 1^st April, 2018 to 30^th September, 2022 within the stipulated period. 3. Mr. Mishra, 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 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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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.OR-14-P-4712 (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/ms

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Annapurna Sinha v. R.T.O., Rourkela

Case brief

What is this about?

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Annapurna Sinha v. R.T.O., Rourkela

Case brief

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What the court decided

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