ASHOK KUMAR ROUT v. R.T.O., CUTTACK
Court: High Court of Orissa
Bench: MR. JUSTICE K.R.MOHAPATRA
Judgment date:
Case summary
High Court of Orissa judgment dated 2024-01-02. ASHOK KUMAR ROUT v. R.T.O., CUTTACK. Read the judgment and case details on LawSphereX.
Judgment text
Signature Not Verified Digitally Signed Signed by: ROJALIN NAYAK Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 03-Jan-2024 17:28:42 IN THE HIGH COURT OF ORISSA AT CUTTACK W. P. (C) No. 41864 OF 2023 Ashok Kumar Rout …. Petitioner Mr. Chandan Mishra, Advocate -versus- R. T. O. , Cuttack and another …. Opp. Parties Mr. Pravakar Behera, Standing Counsel (For Transport Department) CORAM: JUSTICE K. R. MOHAPATRA ORDER Order No. 02. 01. 2024 01. 1. This matter is taken up through hybrid mode. 2. 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 st No. OD-05-BK-9015 (Tipper) for the period from 1 October, th 2021 to 31 December, 2023 within the stipulated period. 3.
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. 4. 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 MV tax and file an appeal before the appellate authority Signature Not Verified // 2 // Digitally Signed Signed by: ROJALIN NAYAK Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 03-Jan-2024 17:28:42 assailing imposition of penalties. 5.
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-05-BK- 9015 (Tipper) 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. Urgent certified copy of this order be granted on proper application. (K. R. Mohapatra) Judge Rojalin
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