Jayanti Singh v. R.T.O Cum Tax Recovery Officer, Rourkela

IN THE HIGH COURT OF ORISSA AT CUTTACK

WP(C) No. 14300 of 2022 Jayanti Singh ....

Petitioner Mr. A.K.Behera, Advocate -versusR.T.O.-cum-Tax Recovery Officer, Rourkela ....

Opp. Party Order No.

01.

Mr.Pravakar Behera, Standing Counsel (Transport)

CORAM:

JUSTICE K.R.MOHAPATRA

ORDER

07.06.2022 1.

This matter is taken up through hybrid mode.

2.

Heard.

3.

The Petitioner who is a owner of vehicle bearing Registration No.OR-14-J-7525 challenges the notice to show cause dated 11.04.2022 vide penalty proceeding case No.(TRC) 5689/2022, notice of demand of M.V. tax and penalty amount of Rs.13,650/- dated 11.04.2022 and the Certificate of Recovery dated 16.03.2022 for the period from 01.07.2016 to 31.12.2021 in respect of the aforesaid vehicle.

4.

It is submitted by the learned counsel that the Petitioner is ready and willing to pay the Certificate amount of Rs.13,650/- as mentioned in Annexures -2 and within a period of three weeks hence.

// 2 // 5.

In view of the fact that the Petitioner is ready and willing to pay the outstanding tax amount of Rs.13,650/-, this Court disposes of the writ petition with a direction that in the event the Petitioner deposits the aforesaid amount within a period of three weeks hence, no coercive measure pursuant to the certificate issued shall be taken against him. On payment of the outstanding dues, if any, the authority shall consider issuance of permit and fitness certificate in respect of the aforesaid vehicle in accordance with law. 6.

The notice under Section 13(2) of OMVT Act, 1975 shall be replied by the petitioner within a period of three weeks and in that event, the authority shall consider the case of the petitioner sympathetically and decide the same in accordance with law within a period of six weeks thereafter.

Issue urgent certified copy as per rules.

(K.R.Mohapatra) Vacation Judge s.s.satapathy