Allowed

Laxmidhar Sahu v. State of Odisha

Orissa HC9 Nov 2022WP(C)/28247/2022

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What is this about?

The High Court of Orissa granted liberty to the petitioner to pay arrear MV tax and file an appeal against penalties. The authority directed to accept the tax payment and proceed with permit and fitness certificate issuance upon compliance.

What did the court decide?

Petitioner granted liberty to pay arrear MV tax and appeal against penalties; authority directed to accept payment and issue permits/fitness certificate.

Laxmidhar Sahu Vs State of 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.28247 of 2022

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Laxmidhar Sahu

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…. Petitioner

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Mr.Kapila Charan Nayak, 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: JUSTICE K.R. MOHAPATRA

ORDER

Order No.

09.11.2022

This matter is taken up through Hybrid mode.

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Defect No.11 has been removed and a memo to that effect is filed in Court, which is taken on record.

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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 tax of the vehicle bearing Registration No.OD-33-G-4239 up-to-date 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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// 2 //

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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 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-33-G-4239 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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Issue urgent certified copy of the Order on proper application.

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(K.R. Mohapatra) Judge

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s.s.satapathy

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Laxmidhar Sahu v. State of Odisha

Case brief

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Laxmidhar Sahu v. State of Odisha

Case brief

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