Dharmraj Dubey vs State Of U.P. And Others
2012 Latest Caselaw 1879 ALL

Citation : 2012 Latest Caselaw 1879 ALL
Judgement Date : 17 May, 2012

Allahabad High Court

Dharmraj Dubey vs State Of U.P. And Others on 17 May, 2012

Bench: Ashok Bhushan, Prakash Krishna




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 32
 

 
Case :- WRIT TAX No. - 605 of 2012
 

 
Petitioner :- Dharmraj Dubey
 
Respondent :- State Of U.P. And Others
 
Petitioner Counsel :- Dharmendra Kumar Pandey
 
Respondent Counsel :- C.S.C.
 

 
Hon'ble Ashok Bhushan,J.

Hon'ble Prakash Krishna,J.

Heard the learned counsel for the petitioner and learned standing counsel.

Notice need not to be sent to respondent no. 6. However respondent no. 6 may file application for modification of this order, if he feels so aggrieved.

By this petition, the petitioner has prayed for quashing the notice dated 29.6.2011, by which recovery certificate has been sent by Assistant Regional Transport Office (A.R.T.O.) Admin Mirzapur (respondent no. 4) to the Collector Mirzapur for recovery of road tax from 01.07.2008 to 31.12.2011 in respect of a three wheeler bearing No. UP63/D 9622.

The petitioner's case in the writ petition is that he has transferred the vehicle in question to respondent no. 6 on 1st August, 2006. Learned counsel for the petitioner submits that the petitioner has already sent information to the respondent no. 4 but recovery has been issued in the name of the petitioner.

Issues raised by the petitioner are issues of facts which are required to be considered by the authorities themselves. The petitioner has already represented the matter through letter dated 11.07.2011 to Regional Transport Officer (respondent no. 3).

Ends of justice be served in disposing of the writ petition and directing the respondent no. 3 to consider the petitioner's representation and take appropriate decision in accordance with law, within a period of two months from the date of production of certified copy of this order before him. For a period of two months or till the disposal of the petitioner's representation, whichever is earlier, no coercive action shall be taken against the petitioner.

(Prakash Krishna,J) (Ashok Bhushan,J)

Order Date :- 17.5.2012

MK/