Dismissed

Naresh Kuamr Soni v. State of Punjab & Ors.

Punjab & Haryana HC2 Apr 2012CWP/6819/2011

Case brief

AI extract

What is this about?

Petitioner sought compulsory registration of his vehicle. Court allowed petition directing registration under old series pending notification, ordering refund of excess tax paid under new rate within four weeks.

What did the court decide?

Respondents directed to register petitioner's vehicle under old series and refund excess road tax paid at 4% rate within four weeks.

Naresh Kuamr Soni Vs State of Punjab & Ors. — Service and Employment | Punjab & Haryana HC (2012)

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CWP No.6819 of 2011 (O & M)

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IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH

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CWP No.6819 of 2011 (O & M) Date of Decision: April 02, 2012

Naresh Kumar Soni

....Petitioner

Versus

State of Punjab and others

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.... Respondents

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CORAM: HON'BLE MR. JUSTICE AJAY KUMAR MITTAL

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Present: Mr. Ashok Bector, Advocate, for the petitioner.

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Mr. Jaswinder Singh, DAG, Punjab.

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AJAY KUMAR MITTAL, J.

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The petitioner by way of present petition filed under Articles 226/227 of the Constitution of India is seeking a writ of mandamus for issuance of directions to respondent No.3 to issue the registration certificate in respect of his vehicle Chevrlot Craze 2.0 LT DS-4 dated 09.12.2010 (Annexure P-1) on the basis of a Tax Receipt Challan deposited on 23.12.2010 vide Annexure P-3.

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As per averments made in the petition, the Chevrolet Cruze 2.0 LT DS-4 was purchased by the petitioner from M/s Padam Motors, authorized dealer, Bathinda vide Invoice dated 09.12.2010

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CWP No.6819 of 2011 (O & M)

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(Annexure P-2) for which a Sale Certificate dated 09.12.2010 was issued to the petitioner. The petitioner was granted temporary certificate in respect of the registration of the aforesaid vehicle vide No.PB-03-T-2180 on the same date. However, on submission of an application for registration of the motor vehicle for obtaining regular registration number, the inspecting authority required the petitioner to deposit one time Road Tax, SRT and R.C. and required certain other documents to be filed. The petitioner deposited Rs.24,050/-vide Receipt Challan dated 23.12.2010 (Annexure P-3). According to the petitioner, when he went to the office of respondent No.3 in January, 2011 to get the regular registration, it was pointed out to him that he could not get the same as the new series had started. In spite of various regular visits to the office of respondent No.3, no action was taken and this necessitated the petitioner to approach this Court.

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On the last date of hearing, following order was

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passed:-

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“ Learned counsel for the respondents submits that since the petitioner has deposited the amount of road tax and liabilities prior to 28.02.2011 i.e. the date of issuance of notification revising the rates, therefore, the petitioner can be allotted the number in the old series prior to the issuance of the said notification.

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Learned counsel for the petitioner states that after issuance of the notification, the petitioner has deposited the full tax at the rate of 4% and has got allotted the number in the new

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CWP No.6819 of 2011 (O & M)

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series whereupon the learned counsel for the respondents submits that in case the petitioner desires, he can still have the number allotted in the old series and the excess amount deposited by the petitioner can be refunded to him.

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Learned counsel for the petitioner prays for some time to seek instructions. List again on 02.04.2012.”

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On 16.03.2012, learned counsel for the petitioner had sought time to seek instructions whether the petitioner was ready to accept registration number under the old series subject to refund of the amount deposited by the petitioner at the rate of 4% under the new series.

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Learned counsel for the petitioner states that he has instructions from the petitioner that the petitioner is ready to accept the registration number of the vehicle under the old series provided the full tax at the rate of 4% paid by the petitioner for the new serious is refunded to him.

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Learned State counsel states that the full road tax at the rate of 4% for the number under the new series shall be refunded to the petitioner within a period of four weeks from the date of receipt of certified copy of this order.

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Accordingly, the present writ petition is disposed of by directing the respondents to register the vehicle of the petitioner under the old series. However, the full road tax at the rate of 4% deposited by the petitioner for the number under the new series shall

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CWP No.6819 of 2011 (O & M)

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be refunded to the petitioner within a period of 4 weeks from the date of receipt of certified copy of this order.

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April 02, 2012 sukhpreet

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(AJAY KUMAR MITTAL) JUDGE

Naresh Kuamr Soni v. State of Punjab & Ors.

Case brief

What is this about?

What did the court decide?

Naresh Kuamr Soni v. State of Punjab & Ors.

Case brief

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What did the court decide?

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