Court No. - 3
Case :- WRIT TAX No. - 845 of 2021 Petitioner :- Shyam Narayan Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Avadhesh Singh Counsel for Respondent :- C.S.C.
Hon'ble Naheed Ara Moonis,J. Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Avadhesh Singh, learned counsel for the petitioner and Sri B.P. Singh Kachhawah, learned Standing Counsel for the State-respondents.
2. Present petition has been filed for the following relief :
"(i) issue a writ, order or direction in the nature of certiorari quashing the impugned recovery certificate dated 10.09.2021 passed by respondent no.4.
(ii) issue a writ, order or direction in the nature of mandamus directing the respondents not to harass the petitioner on the basis of impugned recovery certificate dated 10.09.2021."
3. Submission of learned counsel for the petitioner is that the petitioner is ready to deposit the entire amount of Rs.1,19,064/- as indicated in the recovery notice dated 10.09.2021 in easy installments. He further submits that against the amount of penalty of Rs.82,189/-, the petitioner shall avail the statutory remedy of appeal. Those dues have been claimed against vehicle bearing registration No.UP-51-AT-4430.
4. Learned Standing Counsel has no objection to the prayer of learned counsel for the petitioner.
5. In this view of the matter, present petition is disposed of directing the petitioner to deposit the amount of Rs.1,19,064/- in three equal installments. The first installment of Rs.39,064/- shall be paid on or before 15.11.2021. Upon deposit of the said amount, before respondent no.3 (Collector, District-Basti), the said respondent shall inform the petitioner of the exact amount payable and the balance amount may be deposited in two equal installments payable on 15 December 2021 and 15 January 2022.
6. If the petitioner deposits the amount, as directed above, no coercive measure shall be taken against him regarding the recovery.
7. Insofar as the penalty is concerned, it is open to the petitioner to take recourse of statutory remedy available to him, within a period of two weeks from today.
8. If the petitioner fails to comply with any of the terms of this order, the protection granted by this order shall stand vacated and it would be open to the respondents to proceed to recover the amount of tax and penalty in accordance with law.
Order Date :- 7.10.2021 S.Chaurasia