Allowed

Bibhuti Bhusan Muduli v. R.T.O.Kendrapara

Orissa HC14 Sept 2023WP(C)/28656/2023

Case brief

AI extract

What is this about?

Writ petition against the RTO. Court granted liberty to the petitioner to pay arrears of motor vehicle tax and submit an application for waiver of penalties imposed for non-payment within four weeks.

What did the court decide?

Liberty to pay arrears of MV tax and file an appeal for waiver of penalties within four weeks; direction to appropriate authority to accept tax and permit filing.

Bibhuti Bhusan Muduli Vs R.T.O.Kendrapara — Pension and Retirement Benefits | Orissa HC (2023)

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Signature Not Verified

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Digitally Signed Signed by: SASANKA SEKHAR SATAPATHY Reason: Authentication Location: THE HIGH COURT OF ORISSA CUTTACK Date: 15-Sep-2023 12:09:24

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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Bibhuti Bhusan Muduli …. Petitioner

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Mr.Khirod Chandra Majhi, Advocate

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-versus-

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RTO, Kendrapara and another …. Opp. Parties Mr. Pravakar Behera,

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Standing Counsel, Transport Department

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CORAM:

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JUSTICE K.R. MOHAPATRA

ORDER

Order No.

14.09.2023

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 up-to-date tax of the vehicle bearing Registration No. OR-29-1705 for the period from 01.01.2021 to 30.09.2023 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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// 2 //

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Signature Not Verified

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Digitally Signed Signed by: SASANKA SEKHAR SATAPATHY Reason: Authentication Location: THE HIGH COURT OF ORISSA CUTTACK Date: 15-Sep-2023 12:09:24

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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-29-1705 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

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law. 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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Bibhuti Bhusan Muduli v. R.T.O.Kendrapara

Case brief

What is this about?

What did the court decide?

Bibhuti Bhusan Muduli v. R.T.O.Kendrapara

Case brief

What is this about?

What did the court decide?

What the court decided

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Parties & counsel

Coram

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