Court No. - 3
Case :- WRIT TAX No. - 750 of 2020 Petitioner :- Lavleesh Kumar Ahirwar @ Lavleesh Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Dinesh Kumar Yadav Counsel for Respondent :- C.S.C.
Hon'ble Naheed Ara Moonis,J. Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Dinesh Kumar Yadav, learned counsel for the petitioner and Sri B.P. Singh Kachhawah, learned Standing Counsel for the State.
2. Present petition has been filed for the following relief:
"I) Issue a writ, order or direction in the nature of certiorari to quash the recovery order dated 17.08.2020 issued by respondent no.3 (Annexure no.1).
II) Issue a writ, order or direction in the nature of Mandamus directing the respondent no.3 to provide fitness certificate to the petitioner in respect of his vehicle forthwith."
3. Upon written instructions received by Sri Kachhawah, learned Standing Counsel, it has been stated that earlier demand of Rs.31,680/- towards tax and Rs.17,622/- towards penalty, total Rs.49,302/- was demanded from the petitioner towards road tax for the period 01.10.2018 to 30.09.2020 against motor vehicle bearing registration no.UP-93-T- 6522. That amount was not paid and no fitness certificate could have been issued to the petitioner in absence of tax payment.
4. At present in view of certain relaxation granted by the State Government arising from the spread of pandemic Covid-19, total dues of Rs.77,682/- being Rs.47,520/- towards tax and Rs.32,302/- towards penalty are being claimed from the petitioner for the period 01.10.2018 to 30.09.2021.
5. Perusal of the written instructions reveals that relaxation has already been granted to the petitioner in terms of the government decision.
6. In view of the above, the writ petition is disposed of with a direction that in case the petitioner deposit the aforesaid amount, within a period of two months, the necessary fitness certificate being prayed for may be issued in accordance with law.
Order Date :- 20.9.2021 S.Chaurasia