Kulamani Chanda v. Taxing Officer/ Tax Recovery Officer-Rto, Bhadrak

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.29524 OF 2022 Kulamani Chanda ....

Petitioner Mr. Subash Chandra Pani, Advocate -versusTaxing Officer/Tax Recovery OfficerR.T.O., Bhadrak ....

Opp. Party Mr. Pravkar Behera, Standing Counsel (For Transport Department)

CORAM:

JUSTICE K.R. MOHAPATRA

ORDER

Order No.

10.11.2022 01.

1.

This matter is taken up through Hybrid mode.

2.

The Petitioner in this writ petition seeks to assail the Certificate issued in TRC No.246 of 2022 dated 18th January, 2022 in respect of his Vehicle bearing Registration No.OD-22C-7837 (HARVSR). 3.

In course of hearing Mr. Pani, learned counsel submits that the Petitioner is ready and willing to pay the certificate dues as well as up-to-date MV tax in respect of the said vehicle and prays for a direction to grant liberty to file show cause reply to the notice under Section 13(2) of the Odisha Motor Vehicles Taxation Act, 1975 (for short 'the Act').

4.

Mr. Behera, learned Standing Counsel for the Transport Department submits that the Petitioner may pay the up-to-date tax amount including the certificate dues and file show cause reply to the notice issued under Section 13 (2) of the Act and contest the proceeding.

// 2 // 5.

Taking into consideration the submissions made by learned counsel for the parties, this writ petition is disposed of with a direction that in the event, the Petitioner pays the certificate dues along with up-to-date MV Tax in respect of the aforesaid vehicle and file show cause reply to the notice under Section 13(2) of the Act within a period of three weeks hence, no coercive action shall be taken against the same. 6.

It is needles to mention herein that failure on the part of the Petitioner to comply with the aforesaid order, the Authorities under the Act are at liberty to take action in accordance with law.

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

(K.R. Mohapatra) Judge ms