Partly allowed

Dinesh Kumar Tarai v. State of Odisha

Orissa HC27 Sept 2022WP(C)/25212/2022

Case brief

AI extract

What is this about?

Writ petition allowed granting liberty to petitioner to pay arrear motor vehicle tax and file appeal for penalty waiver, directing appropriate authority to accept payment and issue permit upon compliance.

What did the court decide?

Liberty to pay arrear MV tax within four weeks and file appeal for penalty waiver; direction to authority to accept payment and issue permit upon compliance.

Dinesh Kumar Tarai Vs State of Odisha — Orissa HC (2022) — LawSathi Research

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C) No. 25212 of 2022

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Dinesh Kumar Tarai

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…. Petitioner Mr. Sitansu Mohan Singh, 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

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ORDER Order No. 27.09.2022 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-05-AK-8172 (Truck) for the period from 01.04.2020 to 30.09.2022 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 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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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-05-AK8172 (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. Issue urgent certified copy of the Order on proper application. (K.R. Mohapatra) Judge

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s.s.satapathy

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Dinesh Kumar Tarai v. State of Odisha

Case brief

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Dinesh Kumar Tarai v. State of Odisha

Case brief

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