Disposed

Sunakar Moharana v. State of Odisha

Orissa HC24 Nov 2022WP(C)/31359/2022

Case brief

AI extract

What is this about?

A writ petition filed by Sunakar Moharana seeking waiver of penalties for non-payment of arrear motor vehicle tax and liberty to pay arrears and challenge penalties before appellate authority. The court disposed of the matter granting liberty to pay arrear tax and file appeal within specified period.

What did the court decide?

Liberty granted to pay arrear MV tax within four weeks with undertaking to file appeal against penalties; authority to accept tax and consider permit issuance.

Sunakar Moharana 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. 31359 of 2022

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Sunakar Moharana

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…. Petitioner

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Mr.Sitansu Mohan Singh, Advocate

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-versus-

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State of Odisha and another …. Opp. Party 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.

24.11.2022

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-02-AU-6706 (Traveler) for the period from 01.09.2022 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-02-AU6706 (Traveler) 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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Sunakar Moharana v. State of Odisha

Case brief

What is this about?

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Sunakar Moharana v. State of Odisha

Case brief

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