Disposed

Benudhar Samantray v. State of Odisha

Orissa HC1 Nov 2022WP(C)/28545/2022

Case brief

AI extract

What is this about?

In a writ petition, the High Court directed the appropriate authority to accept arrears Motor Vehicle tax for a specific vehicle upon payment within four weeks, subject to the petitioner filing an appeal for penalty waiver, and considered issuance of relevant certificates after the tax is paid.

What did the court decide?

Direction to accept arrears MV tax upon payment within four weeks, provided the petitioner undertakes to file an appeal for penalty waiver.

Benudhar Samantray 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. 28545 OF 2022

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Benudhar Samantray

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…. Petitioner

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Mr. Subash Chandra Pani, Advocate -versus-

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State of Odisha and another

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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-02-AC-5461 (TATA Winger) for the period from 1^st June, 2020 to 31^st October, 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 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

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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-02-AC5461 (TATA Winger) 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 law.

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bks

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Urgent certified copy of this order be granted on proper application . (K.R. Mohapatra) Judge

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Benudhar Samantray v. State of Odisha

Case brief

What is this about?

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Benudhar Samantray v. State of Odisha

Case brief

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