THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE M.S. RAMACHANDRA RAO
Writ Petition No.11479 of 2002
DATED:18.11.2014 Between:
M.R. Abdul Majeed, Vardhi Mohalla, Molakalamur, Chitradurga District, Karnataka State.
… Petitioner And The Regional Transport Officer & Secretary, Regional Transport Authority, Ananatapur District.
….Respondent THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE M.S. RAMACHANDRA RAO
Writ Petition No.11479 of 2002
Order: (per the Hon’ble the Chief Justice Sri Kalyan Jyoti Sengupta)
This writ petition has been filed impugning the demand notice dated 29.4.2002, by which, a sum of Rs.32,920/- has been demanded for payment of tax in respect of petitioner’s vehicle bearing Registration No. KA 16/495.
In the demand notice, various statements of fact have been stated justifying the demand, but the explanation given by the petitioner has not been considered at all. No reasons have been given why such explanation is not acceptable.
Therefore, we set aside the impugned demand notice and direct the Regional Transport Officer concerned to take a fresh decision considering the petitioner’s representation and dealing with the same by passing a speaking order. This shall be done upon giving personal hearing to the petitioner within a period of eight weeks from the date of communication of this order. The Regional Transport Officer will not be influenced or persuaded by the earlier decision, which has been decided by this Court.
The deposit made by the petitioner in terms of the interim order will abide by the result of the fresh decision to be taken by the concerned Regional Transport Officer.
The writ petition is accordingly allowed.
The miscellaneous applications, if any pending, shall also stand closed. No costs.
K.J. SENGUPTA, CJ 18th November, 2014 Pnb M.S. RAMACHANDRA RAO, J