Bibekananda Behera v. Sta,Cuttack,Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) NO.10674 OF 2022 Bibekananda Behera ....

Petitioner Mr.P.K.Nayak, Adv.

-versusState Transport Authority, Odisha & ors.

....

Opposite Party(s) Mr.P.Behera, SC

CORAM:

JUSTICE BISWANATH RATH Order No.

ORDER

12.5.2022 1.

1.

This matter is taken up through hybrid arrangement. 2.

Heard learned counsel for the Parties.

3.

This matter involves tax and penalty. Considering the submission of the learned counsel for the Petitioner and taking into account the statement of Mr.Behera, learned Standing Counsel for the Transport Department that there is already initiation of certain proceeding involving the tax aspect involved herein, this Court finds, since the Petitioner is ready and willing to deposit the tax amount, this Court directs, on deposit of the tax amount within seven days by the Petitioner, there is no point to continue with the certificate proceeding and the Certificate Authority shall take appropriate decision. So far as penalty aspect is concerned, since the Writ Petition involves notice involving penalty, it will be open to the

// 2 // Petitioner to have his objection and argument in such proceeding. Till a final decision is taken, no coercive action shall be taken against the Petitioner.

4.

The Writ Petition stands disposed of accordingly. (Biswanath Rath) Judge M.K.Rout