Dr. Sir M. Visweshwaraiah Institute Of ... vs The State Of Karnataka on 20 February, 2018

[Cites 3, Cited by 0]

Karnataka High Court

Dr. Sir M. Visweshwaraiah Institute Of ... vs The State Of Karnataka on 20 February, 2018

Bench: Vineet Kothari

                               1/3


     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

           Dated this the 20th day of February, 2018

                             Before

          THE HON'BLE DR JUSTICE VINEET KOTHARI

             Writ Petition No.4731 of 2018 (T-MVT)
Between
Dr. Sir M. Visweshwaraiah Institute of Nursing
Old Railway Station Road
Behind Railway Station
Mandya-571 401
By its Secretary
Smt. H.K. Bharathi.                              ... Petitioner

(By Mr. B.R. Sundara Raja Gupta, Advocate)

And

1.     The State of Karnataka
       Represented by Secretary to Government
       Transport Department
       First Floor, Multistoreyed Buildings
       Dr. Ambedkar Veedhi
       Bengaluru-560 001.

2.     The Regional Transport Officer
       Regional Transport Office
       Opp. Ghousia College
       Bengaluru-Mysuru Road
       Ramanagaram-571511.
                                                 ... Respondents
(By Mr. T.K. Vedamurthy, AGA)

                                  ****
                                     Date of Order 20-02-2018 W.P.No.4731/2018
                                    Dr. Sir M. Visweshwaraiah Institute of Nursing
                                            Vs. The State of Karnataka & Another.
                                                                                 ..

                              2/3
     This Writ Petition is filed under Articles 226 and 227 of
the Constitution of India, praying to declare Section-8B of the
Karnataka Motor Vehicles Taxation Act as unconstitutional
and without authority of law & etc.,

      This Writ Petition coming on for Preliminary Hearing
this day, the Court made the following:

                          ORDER

Mr. B.R. Sundara Raja Gupta, Advocate for Petitioner Mr. T.K. Vedamurthy, AGA for Respondents

1. The petitioner Dr. Sir M. Visweshwaraiah Institute of Nursing, Mandya, has filed this writ petition against the Endorsement, Annexure D dated 17/01/2018 issued by the Respondent Regional Transport Officer, Ramanagaram, demanding Motor Vehicles Tax of Rs.1,30,536/- under the provisions of the Karnataka Motor Vehicles Tax Act, 1957 in respect of the School Vehicle bearing No.KA-11/B-2345.

2. Having heard the learned counsel for the petitioner, this Court is of the opinion that this writ petition is premature.

Date of Order 20-02-2018 W.P.No.4731/2018 Dr. Sir M. Visweshwaraiah Institute of Nursing Vs. The State of Karnataka & Another.

3/3

3. Against the Endorsement issued by the Respondent

- Regional Transport Officer, Ramanagaram, the petitioner should show cause before the said Authority and if such objections are filed by the petitioner assessee before him, the same are bound to be decided by the Respondent by passing appropriate speaking order after providing a reasonable opportunity of hearing to the petitioner assessee.

4. The petitioner assessee may appear before the said Authority, in the first instance on 05-03-2018 and a period of three weeks is allowed to the Respondent to decide the same in accordance with law.

5. For a period of six weeks from today, no coercive action be taken against the petitioner assessee in pursuance of the impugned endorsement.

6. With these observations, the present writ petition stands disposed of. No costs.

Sd/-

JUDGE BMV*

Unlock Advanced Research with PRISMAI

Karnataka High Court