Dismissed

Dilip Das v. State of Odisha

Orissa HC11 Aug 2022WP(C)/20007/2022

Case brief

AI extract

What is this about?

In a writ petition, the court disposed of the matter by granting liberty to the petitioner to pay arrear Motor Vehicle tax within four weeks and file an appeal against penalty imposition, directing the authority to accept the tax and process the permit upon compliance.

What did the court decide?

Direction to accept arrear MV tax if paid within four weeks upon undertaking to file appeal against penalty.

Dilip Das Vs State of Odisha — Orissa HC (2022) — LawSathi Research

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IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) NO.20007 OF 2022

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Dilip Das

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…. Petitioner

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Mr. Sitansu Mohan Singh, Advocate -versus-

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State of Odisha and another

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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

Order No.

11.08.2022

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.OD-02-AC-0731 (Tipper) for the period from 1^st October, 2017 to 30^th September, 2022 within the stipulated period.

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Mr. Singh, 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

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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-02-AC0731 (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.

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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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Dilip Das v. State of Odisha

Case brief

What is this about?

What did the court decide?

Dilip Das v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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