Court No. - 39
Case :- WRIT TAX No. - 753 of 2020 Petitioner :- Iqbal Ahmad Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Harbansh Prasad Pandey Counsel for Respondent :- C.S.C.
Hon'ble Naheed Ara Moonis,J. Hon'ble Dinesh Pathak,J.
Heard learned counsel for the petitioner and learned Standing Counsel for the respondents.
Instant writ petition has been filed with following reliefs :
"i. Issue a writ, order or direction in the nature of certiorari quashing the impugned recovery citation dated 21.2.2020 issued by respondent no. 5.
ii. Issue a writ, order or direction in the nature of mandamus commanding the respondent nos. 2, 3 and 4 to re-examine the matter/tax of the petitioner under the provision of U.P.M.V. Taxation Act, 1997 as well as U.P.M.V. Taxation Rule, 1998.
iii. ........
iv "
At the very outset, learned counsel for the petitioner submits that the petitioner has moved a representation on 3.3.2020, which is still pending for consideration.
Learned Standing Counsel, however, submits that in case some reasonable time is allowed to the respondent no. 3, he shall consider the grievance of the petitioner and pass appropriate orders.
In the facts and circumstances of the case and without entering into the merit of the case, the respondent no. 3 - Regional Transport Officer (R.T.O.), Prayagraj is directed to consider the petitioner's representation dated 3.3.2020, annexure-7 to the writ petition, and pass appropriate orders in accordance with law, by means of a reasoned and speaking order expeditiously preferably within a period of four weeks. For a period of four weeks from today or till disposal of the representation, whichever is earlier, no coercive steps shall be taken against the petitioner in pursuance of the impugned recovery citation dated 21.2.2020.
The writ petition is accordingly disposed of.
Order Date :- 8.1.2021 nd