THE HON'BLE SRI JUSTICE P.NAVEEN RAO
WRIT PETITION No.15116 of 2021
Date:07.07.2021
Between:
M/s. Limoliner India Private Limited,
Rep., by its Managing Director D. Satish Kumar,
R/o.Shop No.1, Sheri Ramulu Complex,
Opp: Metro Pillar No.A826, Kukatpally,
Hyderabad and another .. Petitioners
And
The State of Telangana, rep., by its
Principal Secretary, Transport, Roads &
Buildings Department, Erramanzil,
Secretariat, Hyderabad and others .. Respondents
The Court made the following:
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THE HON'BLE SRI JUSTICE P.NAVEEN RAO
WRIT PETITION No.15116 of 2021
ORDER:
The Prayer sought in the writ petition reads as under: "... to issue an appropriate writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of respondents in not accepting the Non-Use Intimation submitted through E Mail and Speed Post along with documents on 31.03.2020 as per Rule 12-A of TSMV Taxation Rules in respect of the vehicles of the petitioners as mentioned in the cause title as illegal, arbitrary and contrary to Law and consequently direct the respondents to accept the Non-Use intimation in respect of the vehicles of the Petitioners and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case."
2. Heard Sri B. Siva Rama Krishnaiah, learned counsel for the petitioners, and learned Assistant Government Pleader for Transport.
3. In common judgment rendered by this Court in WP.No.13505 of 2020 and Batch, dated 02.11.2020, this Court observed as under:
"In view of the above mentioned facts and reasons, this Court directs the official respondents to process and pass appropriate orders on the applications made under Rule 12-A of the Rules, 1963, whether they have received physically or through online portal, e-mail, courier, registered post etc., in relation to exemption of payment of advance motor vehicle tax for the two quarters i.e. April-June, 2020, and July- September, 2020 only. It is made clear that the applications, made for exemption of payment of motor vehicle tax, shall not be rejected on the ground that the relevant documents are not annexed or filed along with the application, as most of the documents that are supposed to be appended along with application will be available with the officials online portals. In case, the official respondents are of the opinion -3- that any documents are required for processing the application and for passing necessary orders, the applicants shall be put on notice, and reasonable time shall be granted for submitting the said documents. It is also made clear that in case, any of the petitioners want to ply the vehicle for the subsequent quarters, they should be permitted to pay the quarterly advance motor vehicle tax for those quarters, and necessary permission should be given to ply the vehicles without insisting the petitioners to pay the quarterly tax for the period of April-June, 2020, and July-September, 2020, as a condition precedent for paying the tax for the subsequent quarters for giving permission. Any order passed by the authorities shall be communicated to the petitioners. However, before passing the orders, if necessary, the petitioners should be given an opportunity of hearing. The petitioners should be given the benefit of exemption granted by the Government waiving the penalty, insofar as the payment of tax for these two quarters are concerned in case any adverse orders are passed. This entire exercise shall be completed as expeditiously as possible, preferably within a period of two weeks from the date of receipt of a copy of this order."
4. In the above order, the period covered up to September, 2020. Few months thereafter, spread of pandemic increased resulting in imposing fresh restrictions. However, except for the period reasons assigned shall apply to this case. Therefore, the respondent -authorities are directed that till such time the application of the petitioners, sent through e-mail, intimating about the stoppage of the subject vehicles is pending consideration and there is no intimation to ply the vehicles, the relief granted by this Court in W.P.No.13505 of 2020 and batch is also extended in favour of the petitioners herein, without restricting the said benefit only to the two quarters i.e. from April-June, 2020 and July- September, 2020, as directed in W.P.No.13505 of 2020 and Batch. -4-
5. Accordingly, Writ Petition is disposed of. Pending miscellaneous applications, if any, shall stand closed. There shall be no order as to costs.
___________________ P.NAVEEN RAO, J Date:07.07.2021 KH -5- THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION NO.15116 of 2021 Date:07.07.2021 KH