Disposed

Sambhoo Prasad v. State of Odisha

Orissa HC7 Dec 2022WP(C)/33077/2022

Case brief

AI extract

What is this about?

This High Court disposed of a writ petition praying for waiver of penalties for non-payment of arrear motor vehicle tax. The Court directed the authority to accept the tax payment upon filing by the petitioner within four weeks and issued an undertaking to file an appeal regarding the penalties, allowing the authority to proceed with issuance of permit and fitness certificate.

What did the court decide?

Petitioner allowed liberty to pay arrears within four weeks and challenge penalties; Authority directed to accept payment and consider permit/fitness certificate.

Sambhoo Prasad Vs State of Odisha — Service and Employment | Orissa HC (2022)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C) NO. 33077 OF 2022

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Sambhoo Prasad

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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. 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.

07.12.2022

This matter is taken up through hybrid mode. 2. 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.OR-04-L-4251 (Tipper) for the period from 1^st January, 2022 to 31^st December, 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.OR-04-L-4251 (Tipper) 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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bks

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

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Sambhoo Prasad v. State of Odisha

Case brief

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Sambhoo Prasad v. State of Odisha

Case brief

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