Partly allowed

Biswajit Senapati v. State of Odisha

Orissa HC9 Nov 2022WP(C)/29030/2022

Case brief

AI extract

What is this about?

This single judge order in a writ petition accepts a petition to accept arrear motor vehicle tax while waiving default penalties. The court directs the authority to accept arrears and implement a fitness certificate upon payment and undertaking to appeal against penalties.

What did the court decide?

Direction to authority to accept arrear MV tax upon payment and grant fitness certificate and permit after undertaking to appeal penalties.

Biswajit Senapati 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.29030 of 2022

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Biswajit Senapati

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…. Petitioner

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Mr. Pradeep Kumar Das, Advocate

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-versus-

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State of Odisha and others

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…. Opp. Parties Mr. Pravakar Behera,

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Standing Counsel, Transport Department

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CORAM:

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JUSTICE K.R. MOHAPATRA

ORDER

Order No.

09.11.2022

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 tax of the vehicle bearing Registration No.OD-04-C-1065 (Truck) for the period from 01.01.2017 to 31.12.2022 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 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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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-04-C-1065 (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.

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Issue urgent certified copy of the Order on proper application. (K.R. Mohapatra) Judge

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s.s.satapathy

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Biswajit Senapati v. State of Odisha

Case brief

What is this about?

What did the court decide?

Biswajit Senapati v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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