Jharkhand High Court
Satish Yadav vs The State Of Jharkhand on 24 October, 2019
Author: Sujit Narayan Prasad
Bench: Sujit Narayan Prasad
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(C) No.5229 of 2019
---------
Satish Yadav ......... Petitioner
Versus
1. The State of Jharkhand
2. The Transport Commissioner, Department of Transport, Govt. of Jharkhand, Ranchi
3. The Secretary, Regional Transport Authority, Hazaribag
4. The District Transport Officer, Hazaribag
5. The Motor Vehicle Inspector, Hazaribag .......... Respondents
---------
CORAM : HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD
---------
For the Petitioner : Mr. Awnish Shankar, Adv. For the Resp.-State : Mr. Prabhat Kr. Sinha, Adv.
---
2/24.10.2019 This writ petition is under Article 226 of the Constitution of India, whereby and whereunder the petitioner has sought for a direction upon the respondents to accept the arrears of tax and penalty along with current tax for the period commencing from 02.04.2015 to 23.08.2019 with respect to truck bearing no.JH02AC-2304 in four monthly installments in view of Section 12 of the Jharkhand Motor Vehicles Taxation Act, 2001 and issue a provisional tax token in favour of the petitioner and also to renew the permit and the certificate of fitness of the vehicle in accordance with Law.
It is the contention of the petitioner that liability about making payment of tax is not being disputed but the only installment is being sought for to fix the installment of the amount which the petitioner is to pay, so that the entire amount of tax may be paid.
Further submission has been made that such power is available to the authority under the provision of Section 12 of the Jharkhand Motor Vehicles Taxation Act, 2001.
Mr. Prabhat Kumar Sinha, learned counsel appearing for the State of Jharkhand, has submitted that so far as the consideration of the case of the petitioner in view of the provision of Section 12 of the Act, 2001, there is no difficulty in considering the case of the petitioner in the light of the said provision as would appear from the representation as has been annexed as annexure-3, wherein the petitioner has shown inability to make payment of the tax, interest and fine.
Upon this, learned counsel for the petitioner has submitted that he may be allowed to file fresh representation for consideration of the case of the petitioner in pursuance to the provision of Section 12 of the Act, 2001.
Such submission has not been objected by the learned counsel appearing for the State of Jharkhand.
This Court after having heard the learned counsel for the parties and with the consents thereof as also without entering into the merit of the claim of the petitioner, is disposing of the writ petition by giving liberty to the petitioner to file fresh representation by giving therein details of tax, interest and other liability and the time period for its payment in the light of the provision of Section 12 of the Act, 2001.
If such representation shall be filed within the period of two weeks' from the date of receipt of copy of the order, the concerned respondent shall take decision in accordance with Law within the period of four weeks' from the date of receipt of such representation without being prejudiced by this order.
Accordingly, the writ petition stands disposed of.
(Sujit Narayan Prasad, J.) Rohit/-