Disposed

Sk. Sultan v. State of Odisha

Orissa HC10 Nov 2023WP(C)/36590/2023

Case brief

AI extract

What is this about?

The High Court of Orissa disposed of a writ petition seeking direction to accept arrear MV tax without imposing penalties. The court granted liberty to pay the tax and file an appeal against penalties, directing the authority to accept the tax within four weeks and issue permit/fitness certificate.

What did the court decide?

Direction to accept arrear MV tax within four weeks if penalty waiver appeal is filed; proceed with permit and fitness certificate.

Sk. Sultan Vs State of Odisha — Service and Employment | Orissa HC (2023)

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IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) NO. 36590 OF 2023

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Sk. Sultan

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…. Petitioner

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Mr. Subash Ch. Pani, Advocate

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-versus-

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State of Odisha and another

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…. Opp. Party

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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.

10.11.2023

This matter is taken up through hybrid mode.

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The Petitioner in this writ petition prays for a direction

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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-M-2208 (Truck) for the period from 1^st July, 2023 to 31^st December, 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 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 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.OR-04-M-2208 (Truck) 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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Signature Not Verified

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Digitally Signed Signed by: BIJAY KUMAR SAHOO Reason: Authentication Location: High Court of Orissa, C utta ck Date: 13-Nov-2023 12:20:46

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Sk. Sultan v. State of Odisha

Case brief

What is this about?

What did the court decide?

Sk. Sultan v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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