Allowed

Dinesh Kumar Singh v. R.T.O., Talcher

Orissa HC9 Jan 2023WP(C)/42/2023

Case brief

AI extract

What is this about?

In this writ petition, the petitioner sought waiver of penalties for non-payment of arrear MV tax. The Court allowed him liberty to pay the arrears and file an appeal against the penalty imposition, directing the authority to accept the payment and proceed accordingly.

What did the court decide?

Liberty to pay arrear MV tax within four weeks and file an appeal against penalties; authority directed to accept payment and consider permit/fitness certificate.

Dinesh Kumar Singh Vs R.T.O., Talcher — Consumer Protection | Orissa HC (2023)

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IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No. 42 OF 2023

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Dinesh Kumar Singh

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…. Petitioner

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Mr. Asmiya Ranjan Majhi, Advocate

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-versus-

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R.T.O., Talcher 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-35-F-3434 (Truck) for the period from 1^st July, 2022 to 31^st March, 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 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-35-F-3434 (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

Dinesh Kumar Singh v. R.T.O., Talcher

Case brief

What is this about?

What did the court decide?

Dinesh Kumar Singh v. R.T.O., Talcher

Case brief

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What did the court decide?

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