Allowed

Jasobanta Behera v. State Transport Authority Odisha

Orissa HC30 Sept 2022WP(C)/25207/2022

Case brief

AI extract

What is this about?

The High Court of Orissa disposed of a writ petition granting the petitioner liberty to pay outstanding MV tax within four weeks. The petitioner must file an appeal challenging penalty imposition. Authorities must accept the tax payment and process fitness certificates thereafter.

What did the court decide?

Direction to authorities to accept arrear MV tax payment within four weeks upon undertaking to file an appeal challenging penalties, followed by issue of permit and fitness certificate.

Jasobanta Behera Vs State Transport Authority 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. 25207 OF 2022

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Jasobanta Behera

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…. Petitioner

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Mr. Pravat Kumar Nayak, Advocate -versus-

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…. State Transport Authority, Odisha and Opp. Parties others

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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.

30.09.2022

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 in respect of vehicle bearing Registration No. OR-05-AS-3464 (Truck) for the period from 1^st July, 2020 to 30^th September, 2022 within the stipulated period.

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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-05-AS3464 (Truck) within a period of four weeks and gives an undertaking to the effect that he will file 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 vehicles in accordance with law.

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

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bks

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Jasobanta Behera v. State Transport Authority Odisha

Case brief

What is this about?

What did the court decide?

Jasobanta Behera v. State Transport Authority Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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