Disposed

De Paul School, Berhampur v. R.T.O.,Chhatrapur

Orissa HC6 Jan 2023WP(C)/203/2023

Case brief

AI extract

What is this about?

Writ petition seeking direction to accept arrear motor vehicle tax for a school bus without imposing penalties. The High Court disposed of the petition by granting liberty to pay arrear tax within four weeks. Upon payment and filing an appeal, the authority must accept the tax and issue permit and fitness certificate in accordance with law.

What did the court decide?

Direction to appropriate authority to accept arrear MV tax upon payment within four weeks and issue permit/fitness certificate after receiving appeal against penalties.

De Paul School, Berhampur Vs R.T.O.,Chhatrapur — Motor Accident Claims | Orissa HC (2023)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C) No. 203 of 2023

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DE Paul School, Berhampur

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…. Petitioner

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Mr.Braja Mohan Sarangi, Advocate

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-versus-

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RTO, Chhatrapur

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…. Opp. Party Mr. Pravakar Behera,

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Standing Counsel, Transport Department

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CORAM: JUSTICE K.R. MOHAPATRA

ORDER

Order No.

06.01.2023

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.OR-07-D-5391 (School Bus) for the period from 01.04.2017 to 31.12.2021 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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Page 1 of 2

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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-07-D-5391 (School Bus) 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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De Paul School, Berhampur v. R.T.O.,Chhatrapur

Case brief

What is this about?

What did the court decide?

De Paul School, Berhampur v. R.T.O.,Chhatrapur

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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