Md.Ayub vs Rto,Keonjhar
2013 Latest Caselaw 5494 Del

                                           W.P.(C) No.25668 of 2013

02.    27.11.2013                  Heard learned      counsel for the petitioner and
                    learned   Standing      Counsel    appearing     for   the    Transport
                    Department.

                                   It is submitted by the learned counsel for the
                    petitioner that the petitioner is the owner of the vehicle bearing
                    Registration No.OR-09-K/5246 and the opposite party is not
                    granting permit and fitness certificate in respect of the said
                    vehicle as the petitioner is in default of paying tax and penalty
                    for some period. Learned counsel for the petitioner further
                    submits that the petitioner is willing to deposit the tax, but the
                    penalty amount being excessive, the same may be reduced.

                                   Considering the submissions made, it is directed
                    that if the petitioner pays the tax demanded by 12.12.2013 and
                    undertakes before the opposite party to pay 60% of the penalty
                    amount    in   three    equal   consecutive    instalments,    i.e.,   by
                    27.12.2013, 13.01.2014 and 28.01.2014, then on payment of
                    tax and the first instalment of the penalty, the petitioner's
                    application shall be considered and permit and fitness certificate
                    shall be granted in favour of the petitioner, provided that the
                    petitioner has not incurred any other dues in the meantime and
                    the vehicle is otherwise fit to ply on the road. It is further
                    observed that such permit and fitness certificate may be
                    cancelled by the opposite party in the event of default in
                    payment of the aforesaid instalments of penalty amount by the
                    dates stipulated above or default in payment of any other dues
                    accrued against the petitioner. In that event, the petitioner shall
                    be able to pay the whole of the amount of penalty imposed. If
                    the 60% of the penalty amount is paid by the dates stipulated,
                    the balance penalty amount shall stand waived.
                                   The writ petition is accordingly disposed of.
                                   Issue urgent certified copy as per rules.

      mp                                                             ...........................
                                                        S.C. Parija, J.