Jharkhand High Court
M/S. Bla Projects Pvt. Ltd vs The State Of Jharkhand Through Its ... on 15 March, 2022
Author: Aparesh Kumar Singh
Bench: Aparesh Kumar Singh, Deepak Roshan
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W. P. (T) No. 1579 of 2017
M/s. BLA Projects Pvt. Ltd., (Formerly known as-M/s. Banowari Lal
Agrawala (Pvt.) Ltd. ---Petitioner
Versus
The State of Jharkhand through its Secretary, Department
Of Transport, Govt. of Jharkhand, Ranchi & anr. ....Respondents
CORAM: Hon'ble Mr. Justice Aparesh Kumar Singh
Hon'ble Mr. Justice Deepak Roshan
For the Petitioner : Mr. Sudhir Sahay, Advocate
For the Respondents : Mr. Sachin Kumar, A.A.G-II
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10/15.03.2022 Petitioner is seeking quashing of demand notices dated 3rd September, 2016 and 15th September, 2016 with respect to the vehicles enumerated thereunder and mentioned in Paragraph-6 of the writ petition on the plea that petitioner-Company stepped into the shoes of M/s. Banwari Lal Agrawal (Pvt.) Ltd. which had scrapped those vehicles regarding which the demand has been raised. Writ petition is lacking in any averment as to how and under which provisions of Motor Vehicles Act/ Motor Vehicles Taxation Rules, 1995 or Motor Vehicles Taxation Act, 1994 or Motor Vehicles Taxation Rules, 1994, such vehicles were scrapped. Writ petition also does not show whether any intimation in terms of Section 55 of the Act was made to the Transport Authority for cancellation of its registration on the grounds permissible under Section 55 of the Act, 1988. However, petitioner has sought a direction upon the respondent to decide its representation, wherein petitioner has claimed that it is liable to pay only 50% of the demand in terms of Rules 17(2) of the Motor Vehicles Taxation Rules, 1994. The queries made hereinabove, does not have any answer in the writ petition.
Learned counsel for the petitioner seeks short time to take instruction in this regard and file supplementary affidavit to that effect. Since writ petition is pending since, 2017, three weeks' time is granted and no more. If the affidavit is not filed within this period, the writ petition will be decided on its merit on the next date.
Learned counsel for the Respondent-State also may seek instruction, in the meantime, and if necessary file counter affidavit well in advance.
(Aparesh Kumar Singh, J) (Deepak Roshan,J) jk/