Disposed

Iswar Mantu v. R.T.O.,Ganjam

Orissa HC9 Jan 2023WP(C)/175/2023

Case brief

AI extract

What is this about?

This is a Hybrid writ petition. The petitioner, who had defaulted in paying motor vehicle tax for a truck, sought exemption from penalties. The Court disposed of the petition by granting liberty to pay the arrear tax within four weeks, subject to filing an appeal against penalties, after which the authority will issue the permit and fitness certificate.

What did the court decide?

Liberty to petitioner to pay arrear MV tax within four weeks and challenge penalties by appeal; authority to issue permit and fitness certificate upon payment and filing of appeal.

Iswar Mantu Vs R.T.O.,Ganjam — Service and Employment | Orissa HC (2023)

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IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No. 175 OF 2023

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Iswar Mantu

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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., Ganjam 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.

09.01.2023

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-07-AH-7585 (Truck) for the period from 1^st October, 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-07-AH7585 (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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Iswar Mantu v. R.T.O.,Ganjam

Case brief

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Iswar Mantu v. R.T.O.,Ganjam

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