Disposed

Ashok Kumar Swain v. R.T.O., Cuttack

Orissa HC20 Oct 2022WP(C)/27435/2022

Case brief

AI extract

What is this about?

The High Court of Orissa disposed of a writ petition seeking direction to accept arrear motor vehicle tax and exempt penalties for delay. The court allowed the petitioner to pay the arrear tax within four weeks upon undertaking to file an appeal against penalty imposition. The authority was directed to accept the payment and proceed with permit and fitness certificate issuance.

What did the court decide?

Direction to accept arrear M.V. tax within four weeks if petitioner pays outstanding amount and gives undertaking to file appeal against penalty; authority to issue permit and fitness certificate ther

Ashok Kumar Swain Vs R.T.O., Cuttack — Writ and Judicial Review | Orissa HC (2022)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C) No. 27435 OF 2022

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Ashok Kumar Swain

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…. Petitioner

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Mr. Ashok Kumar Rout, Advocate

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-versus-

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R.T.O., Cuttack

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…. Opp. Party

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

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CORAM: JUSTICE K.R. MOHAPATRA

ORDER

Order No.

20.10.2022

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 M.V. tax amount by exempting penalties due to non-payment of M.V. tax of the vehicle bearing Registration No.OD-05-AU-5955 (Truck) for the period from 1^st October, 2021 to 31^st December, 2022 within the stipulated period.

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Mr. Rout, learned counsel for the Petitioner submits that the Petitioner may be permitted to pay the arrear M.V. tax and move the appellate authority challenging imposition of penalties. He further submits that due to some inadvertency, the Petitioner could not pay the M.V. 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 M.V. 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 M.V. 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 M.V. tax in respect of the vehicle bearing registration No.OD-05-AU5955 (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 M.V. 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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Ashok Kumar Swain v. R.T.O., Cuttack

Case brief

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Ashok Kumar Swain v. R.T.O., Cuttack

Case brief

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