Disposed

Kalyani Machhua v. State of Odisha

Orissa HC27 Oct 2022WP(C)/28014/2022

Case brief

AI extract

What is this about?

This court disposed of the writ petition by directing the appropriate authority to accept arrear MV tax and issue permit if the petitioner pays the tax, files an undertaking to appeal against penalties, and files the application within four weeks.

What did the court decide?

The petitioner was permitted to pay the arrear MV tax within four weeks and file an undertaking to appeal against penalties; the authority shall then accept the tax and issue permit/fitness certificat

Kalyani Machhua Vs State of Odisha — Writ and Judicial Review | Orissa HC (2022)

¶1

IN THE HIGH COURT OF ORISSA AT CUTTACK

¶2

W.P.(C) No. 28014 of 2022

¶3

Kalyani Machhua …. Petitioner

¶4

Mr.Sitansu Mohan Singh, Advocate

¶5

-versus-

¶6

State of Odisha and another

¶7

…. Opp. Parties Mr. Pravakar Behera,

¶8

Standing Counsel, Transport Department

¶9

CORAM:

¶10

JUSTICE K.R. MOHAPATRA

ORDER

Order No.

27.10.2022

This matter is taken up through Hybrid mode.

¶16

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.OR-04-D-0804 (Truck) for the period from 01.10.2021 to 31.12.2022 within the stipulated period.

¶17

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.

¶18

Mr. Behera, learned Standing Counsel for the Transport Department submits that similar writ petitions have been

¶19

Page 1 of 2

¶20

// 2 //

¶21

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.

¶22

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-04-D-0804 (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

¶23

s.s.satapathy

¶24

Page 2 of 2

Kalyani Machhua v. State of Odisha

Case brief

What is this about?

What did the court decide?

Kalyani Machhua 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

Case details

Similar cases

Satyajit Kumar Panda Vs State of Odisha

Ajay Kumar Biswal Vs Transport Commnr. Cum Chairman, Sta, Cuttack

Prafulla Kumar Sahu Vs State of Odisha

Bishnu Pradhan Vs R.T.O., Ganjam

Bishnu Pradhan Vs R.T.O., Ganjam

Prafulla Kumar Sahu Vs State of Odisha