Surendra Kumar Patra v. State Transport Authority, Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) NO. 15325 OF 2022 Samarjit Nayak Petitioner Mr. B.K. Parida, Advocate -versusState Transport Authority, Odisha, Cuttack and another ....

Opp. Parties Mr. Pravakar Behera, Standing Counsel

CORAM:

JUSTICE K.R. MOHAPATRA

ORDER

Order No.

30.06.2022 1.

1.

This matter is taken up through hybrid mode.

2.

The Petitioner, who is a owner of the vehicle bearing Registration No.OR-25-B-4647 (CASE 770 SS LOADER) challenges the notice to show cause dated 18th January, 2022 vide Penalty Proceeding Case No. 164 of 2022, notice of demand of M.V. tax and penalty amount of Rs.8,673/- dated 18th January, 2022 and Certification of Recovery dated 18th January, 2022 for the period from 1st April, 2020 to 31st December, 2021 in respect of the aforesaid vehicle.

3.

It is submitted by learned counsel that the Petitioner is ready and willing to pay the certificate amount of Rs.8,673/- as mentioned in Annexure-2 series within a period of three weeks hence.

4.

In view of the fact that the Petitioner is ready and willing to pay the certificate amount of Rs.8,673/-, this Court disposes of this writ petition with a direction that in the event the Petitioner deposits the aforesaid amount within a period of three weeks

// 2 // 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.

5.

The notice under Section 13(2) of the 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.

Urgent certified copy of this order be granted on proper application.

(K.R. Mohapatra) Judge bks