THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.21773 of 2002 DATED:17.9.2014 Between:
V.K. Siraj, Hindupur, Anantapur District.
And Regional Transport Officer/Licensing Officer, Anantapur District.
… Petitioner ….Respondent THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.21773 OF 2002
ORDER: (per the Hon’ble the Chief Justice Sri Kalyan Jyoti Sengupta)
This writ petition has been filed questioning the demand notice dated 3.9.2002. It is submitted that the above demand notice is on factual error.
After hearing the learned counsel for the parties, we dispose of this writ petition by passing the following order.
The impugned demand notice dated 3.9.2002 is kept in abeyance till fresh decision in terms of this order is taken by the respondent-authority. We direct the respondent-authority to give a notice to the petitioner and pursuant thereto, if the petitioner appears, then the petitioner should be given a hearing and considering his grievances and contentions, a fresh order may be passed, whereby the impugned demand notice may be revised, varied, recalled, withdrawn or retained as the situation so warrants. The payment already made in terms of the interim order of this Court will abide by the result of the fresh decision that may be taken by the respondent-authority. In the event, despite service of notice, the petitioner does not turn up for hearing, then our order will stand recalled and the impugned demand notice will stand revived.
The writ petition is accordingly disposed of. Pending miscellaneous applications, if any, shall also stand closed. No order as to costs.
K.J. SENGUPTA, CJ SANJAY KUMAR, J 17th September, 2014 pnb