Court No. - 29
Case :- WRIT TAX No. - 1657 of 2018 Petitioner :- Ratna Devi Mishra Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Veerendra Kumar Shukla Counsel for Respondent :- C.S.C.
Hon'ble Pankaj Mithal,J. Hon'ble Pankaj Bhatia,J.
Heard Sri Veerendra Kumar Shukla, learned counsel for the petitioner and learned Standing Counsel for the respondents.
The petitioner has preferred this petition for the quashing of the seizure memo/order dated 23.07.2018 passed by the Taxation Officer, Etawah (annexure-2 to the writ petition).
The petitioner submits that in order to realize the road tax dues, the vehicle has been seized. The petitioner is ready and willing to make the entire payment provided some reasonable time is granted and the vehicle is released.
Learned Standing Counsel has no objection if some time is allowed to the petitioner for making the entire payment.
At this stage, counsel for the petitioner submits that the petitioner has not been made aware of the actual amount of road tax which is due and payable by her and no such amount is even mentioned in the seizure memo.
In view of the aforesaid facts and circumstances, we direct the respondent No.3 to inform the petitioner the actual amount which is due and payable by her as road tax in connection with the vehicle in question within a period of two weeks from the date a copy of this order is produced before him. On the amount being disclosed to the petitioner, she will deposit 50% of the same within next two weeks and on deposit of the said amount, the vehicle of the petitioner shall be released. The other half of the amount shall be paid by the petitioner within a month thereafter or latest by 31st March, 2019.
The respondents shall not take any objection to the release of the vehicle. In case the vehicle is involved in any other offence, the petitioner may approach the concerned Magistrate for the purpose.
The writ petition is disposed off accordingly.
Order Date :- 20.12.2018 Nirmal