Disposed

M/S S. Kumars Associates (P) Ltd.,Jharsuguda v. R.T.O.,Jharsuguda

Orissa HC10 Aug 2022WP(C)/19451/2022

Case brief

AI extract

What is this about?

This High Court of Orissa disposed of a writ petition allowing the petitioner to pay arrears of motor vehicle tax within four weeks upon undertaking to appeal against penalties, ensuring subsequent issuance of permit and fitness certificate.

What did the court decide?

Direction to accept arrear MV tax payment and consider permit applications within four weeks if penalties are appealed.

M/S S. Kumars Associates (P) Ltd.,Jharsuguda Vs… — Property and Title | Orissa HC (2022)

¶1

IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) NO.19451 OF 2022

¶2

M/s. S. Kumars Associates (P) Ltd., …. Petitioner Jharsuguda

¶3

Mr. Ashok Kumar Rout, Advocate -versus-

¶4

R.T.O., Jharsuguda

¶5

…. Opp. Party

¶6

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

¶7

CORAM:

¶8

JUSTICE K.R. MOHAPATRA

ORDER

Order No.

10.08.2022

This matter is taken up through hybrid mode.

¶14

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.CG12BA 6216 (Tipper) for the period from 1^st January, 2022 to 30^th September, 2022 within the stipulated period.

¶15

Mr. Rout, 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.

¶16

Page 1 of 2

¶17

// 2 //

¶18

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.

¶19

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.CG12BA 6216 (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.

¶20

Urgent certified copy of this order be granted on proper application .

¶21

(K.R. Mohapatra) Judge

¶22

bks

¶23

Page 2 of 2

M/S S. Kumars Associates (P) Ltd.,Jharsuguda v. R.T.O.,Jharsuguda

Case brief

What is this about?

What did the court decide?

M/S S. Kumars Associates (P) Ltd.,Jharsuguda v. R.T.O.,Jharsuguda

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Susama Mohanty @Bhuyan Vs Dillip Kumar Khuntia

Premananda Das Vs State of Odisha

Karunakar Panigrahi Vs Secretary,Bartana C.S.

M/S S. Kumars Associates (P) Ltd.,Jharsuguda Vs R.T.O.,Jharsuguda

M/S S. Kumars Associates (P) Ltd.,Jharsuguda Vs R.T.O.,Jharsuguda

Khageswar Sahoo Vs R.T.O.,Cuttack