Disposed

Arat Sahoo v. State of Odisha

Orissa HC1 Nov 2022WP(C)/28542/2022

Case brief

AI extract

What is this about?

In this writ petition, the petitioner sought a direction to accept arrears of motor vehicle tax for a specific period while waiving penalties for delay. The High Court directed the authority to accept overdue tax within four weeks upon filing an undertaking to challenge the penalty imposition.

What did the court decide?

A direction was issued for the authority to accept arrears of motor vehicle tax paid within four weeks if the petitioner undertakes to file an appeal challenging the penalty.

Arat Sahoo Vs State of Odisha — Motor Accident Claims | Orissa HC (2022)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C) NO. 28542 OF 2022

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Arat Sahoo

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…. Petitioner

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Mr. Subash Chandra Pani, Advocate

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-versus-

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State of Odisha and others

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…. Opp. Parties

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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.

01.11.2022

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.OD-15-L-5699 (Truck) for the period from 1^st April, 2022 to 31^st December, 2022 within the stipulated period. 3. 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.OD-15-L-5699 (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 vehicle in accordance with

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

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bks

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(K.R. Mohapatra) Judge

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Arat Sahoo v. State of Odisha

Case brief

What is this about?

What did the court decide?

Arat Sahoo v. State of Odisha

Case brief

What is this about?

What did the court decide?

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