Paras Nath vs State Of U P And Others

Court No. - 29

Case :- WRIT - A No. - 12635 of 2019 Petitioner :- Paras Nath Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Paritosh Kumar Malviya Counsel for Respondent :- C.S.C.

Hon'ble Pankaj Mithal,J. Hon'ble Saral Srivastava,J.

Heard learned counsel for the petitioner and learned Standing Counsel for the respondents.

The petitioner is aggrieved by the recovery citation dated 10.07.2019 for a sum of Rs.1,82,870/- plus others which is in respect of road tax in connection with the petitioner's Truck No. UP78T-3041.

The petitioner submits that he had sold the above truck in scrap in the year 2013 and had given due intimation of the same to the registering authority i.e Assistant Regional Transport Officer but no receipt was issued. Despite the above intimation, instead of treating the vehicle as surrendered, the demand of road tax has been raised against the petitioner.

The matter as to whether the petitioner has actually surrendered the vehicle and had intimated about its sale to the scrap dealer to the petitioner is a matter which requires consideration of factual aspects.

Accordingly, we dispose off a writ petition with liberty to the petitioner to make a representation in this regard to the respondent No.3, Assistant Regional Transport Officer within a period of two weeks from today.

The respondent No.3 on verification of the facts on the record may pass a speaking order as regards the liability of the petitioner to pay road tax in respect of the above vehicle after the year 2013.

The respondent No.3 shall consider the representation and pass appropriate order in accordance with law most expeditiously if possible within six weeks form the receipt of such a representation.

The Writ Petition is disposed off. Order Date :- 13.8.2019/piyush