Disposed

Chinmaya Pati v. R.T.O.,Sundargarh

Orissa HC5 Dec 2022WP(C)/32627/2022

Case brief

AI extract

What is this about?

In a writ petition, the Court directed the Respondent to accept arrears of MV tax within four weeks if the petitioner pays the dues and undertakes to file an appeal challenging the imposition of penalties. The authority was ordered to proceed with issuing the permit and fitness certificate upon such compliance.

What did the court decide?

Petitioner granted liberty to pay arrear MV tax within four weeks and file an appeal against penalties, upon which administrative action shall be taken.

Chinmaya Pati Vs R.T.O.,Sundargarh — Service and Employment | Orissa HC (2022)

¶1

IN THE HIGH COURT OF ORISSA AT CUTTACK

¶2

W.P.(C) NO. 32627 OF 2022

¶3

Chinmaya Pati

¶4

…. Petitioner

¶5

Mr. Braja Mohan Sarangi, Advocate -versus-

¶6

R.T.O., Sundargarh

¶7

…. Opp. Party

¶8

Mr. Pravakar Behera, Standing Counsel (For Transport Department)

¶9

CORAM:

¶10

JUSTICE K.R. MOHAPATRA

ORDER

Order No.

05.12.2022

This matter is taken up through hybrid mode.

¶16

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-16-D-2914 (Truck) for the period from August, 2022 to October, 2022 within the stipulated period.

¶17

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.

¶18

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

¶19

Page 1 of 2

¶20

// 2 //

¶21

MV tax and file an appeal before the appellate authority assailing imposition of penalties.

¶22

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-16-D-2914 (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

¶23

bks

¶24

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

¶25

Page 2 of 2

Chinmaya Pati v. R.T.O.,Sundargarh

Case brief

What is this about?

What did the court decide?

Chinmaya Pati v. R.T.O.,Sundargarh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Debasish Pattanayak Vs State Co-Op. Election Commissioner, Bbsr

Orissa State Handloom Weavers Co-Operative Society Ltd. Vs Bhairaba Chandra Acharya

Bijay Ketan Mangaraj Vs Registrar, Civil Court, Bbsr

Debasis Mishra Vs R.T.O., Cuttack

Krushna Chandra Patra Vs Alekha Chandra Mahakud

Sanotsh Kumar Parida Vs State of Odisha