Punjab-Haryana High Court
Diesel Loco Modernization Works vs State Of Punjab & Others on 13 October, 2010
Author: Adarsh Kumar Goel
Bench: Adarsh Kumar Goel, Ajay Kumar Mittal
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH.
C.W.P. No.17886 of 2010
Date of decision: 13.10.2010
Diesel Loco Modernization Works.
-----Petitioner.
Vs.
State of Punjab & others.
-----Respondents
CORAM:- HON'BLE MR. JUSTICE ADARSH KUMAR GOEL
HON'BLE MR. JUSTICE AJAY KUMAR MITTAL
Present:- Mr. D.K. Bhatti, Advocate
for the petitioner.
Mr. Amol Rattan Singh, Addl.A.G., Punjab.
---
ADARSH KUMAR GOEL, J.
1. This petition seeks direction against charging of registration fee, road tax etc. on the official vehicles of the petitioner, which are property of Central Government.
2. Case of the petitioner is that it is production unit of Ministry of Railways. Under Article 285 of the Constitution, property of the Central Government is exempt from tax and vehicles of the petitioner are to be granted exemption from tax. The petitioner made application dated 7.4.2008 to the District Transport Officer, opposing applicability of levy of tax under the provisions of the Punjab Motor Vehicles Taxation Act, 1924 on the basis of judgment of this Court dated 13.9.1989 in CWP CWP No.17886 of 2010 2 No.3577 of 1979 The Union of India v. The State of Punjab & others, but no decision was being taken thereon by respondent No.4.
3. We have heard learned counsel for the parties.
4. Learned counsel for the respondents has no objection to respondent No.4 taking a decision on the claim of the petitioner.
5. Accordingly, without expressing any opinion on merits, we direct respondent No.4 to take a decision on the claim of the petitioner in accordance with law within one month from the date of receipt of a copy of this order.
6. The petition is disposed of.
(ADARSH KUMAR GOEL)
JUDGE
October 13, 2010 ( AJAY KUMAR MITTAL )
ashwani JUDGE