Telangana High Court
Srinivasa Tours And Travels And 4 ... vs The State Of Telangana And 4 Others on 28 June, 2021
Bench: P Naveen Rao
HONOURABLE SRI JUSTICE P.NAVEEN RAO
WRIT PETITION No.14302 OF 2021
Date:28.06.2021
Between:
Srinivasa Tours and Travels,
Rep., by its Proprietor Koti Srinivasa Rao,
S/o.late Sri Koti Vasudeva Rao,
Aged about 47 yrs, Hindu,
Occu : Business, R/o.H.No.2-77,
Thorrur, Hayathnagar,
Ranga Reddy District, Telangana State
Vehicle R.No.TS 08 UB 2295,
TS 08 UB 2347, TS 08 UB 2372 & others
.....Petitioners
And
The State of Telangana,
rep by its Principal Secretary,
Transport Department,
T.S.Secretariat, Hyderabad & others.
.....Respondents
The Court made the following:
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HONOURABLE SRI JUSTICE P.NAVEEN RAO
WRIT PETITION No.14302 of 2021
ORDER:
This writ petition is filed seeking the following relief :
" ...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 e-mail 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 WP.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
28th June, 2021
Rds
HONOURABLE SRI JUSTICE P.NAVEEN RAO
WRIT PETITION No.14302 of 2021
Date:28.06.2021
Rds
