Telangana High Court
Hanumara Alivelu Manga Tayaru vs The State Of Telangana on 7 July, 2021
Bench: P Naveen Rao
THE HON'BLE SRI JUSTICE P.NAVEEN RAO
WRIT PETITION No.15163 of 2021
Date:07.07.2021
Between:
Hanumara Alivelu Manga Tayaru,
W/o. Hanumara Subhash Chandra Bose,
Aged about 63 years, Hindu, Occ: Business,
R/o.H.No.8-2-293/82/J/A/A-81,
Journalist Colony, Jubilee Hills,
Hyderabad and others .. Petitioners
And
The State of Telangana, rep., by its
Principal Secretary, Transport Department,
T.S. 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.15163 of 2021
ORDER:
The Prayer sought in the writ petition reads as under:
"... to issue a Writ, order or direction more particularly one in
the nature of WRIT OF MANDAMUS declaring the action of the
respondents in not accepting the Non-Use Intimations
submitted by the petitioners through email along with
documents as per Rule 12-A of TSMV Taxation Rule, in
respect of the Contract Carriage 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 Intimations in respect of the contract carriage
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 Rajanikanth Jwala, 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 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. For the reasons alike in the common order dated 02.11.2020,
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.
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
THE HON'BLE SRI JUSTICE P.NAVEEN RAO
WRIT PETITION NO.15163 of 2021
Date:07.07.2021
KH
