Dismissed

Kanhu Charan Samal v. R.T.O, Cuttack

Orissa HC23 Dec 2022WP(C)/35463/2022

Case brief

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What is this about?

A writ petition seeking exemption from penalties for late payment of motor vehicle tax. The court granted liberty to pay arrears and file an appeal against penalties contingent on the petitioner taking specified steps.

What did the court decide?

Petitioner granted liberty to pay arrear MV tax within four weeks and file an appeal against penalties, upon which appropriate authority to accept tax and consider permit/fitness certificate.

Kanhu Charan Samal Vs R.T.O, Cuttack — Consumer Protection | Orissa HC (2022)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C) No. 35463 OF 2022

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Kanhu Charan Samal

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…. Petitioner

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Mr. Chandan Mishra, Advocate

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-versus-

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R.T.O., Cuttack and another

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

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CORAM:

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JUSTICE K.R. MOHAPATRA

ORDER

Order No.

23.12.2022

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-05-AP-0419 (Truck) for the period from 1^st April, 2021 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 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 disposed of granting liberty to the Petitioner to pay the arrear

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Page 1 of 2

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// 2 //

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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-05-AP-0419 (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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Urgent certified copy of this order be granted on proper application.

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(K.R. Mohapatra) Judge

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Page 2 of 2

Kanhu Charan Samal v. R.T.O, Cuttack

Case brief

What is this about?

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Kanhu Charan Samal v. R.T.O, Cuttack

Case brief

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What did the court decide?

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