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Judgment
Manoj K. Tiwari, J
This writ petition has been filed by an Association of Private Schools in Uttarakhand affiliated to CBSE & ICSE in Uttarakhand.
According to the petitioners, their school buses could not ply during the lockdown, however, petitioners are being asked to pay permit renewal fees, fitness charges, road tax etc. This, according to the petitioners, is unjust.
Mr. M.C. Pant, learned counsel appearing for the petitioners has referred to various Advisories issued by Central Government from time to time, which are on record as Annexure Nos. 4, 7, 10 & 11 to the writ petition, dated 30.03.2020, 09.06.2020, 26.03.2021 & 17.06.2021, respectively. It is the contention of learned counsel for the petitioners that Central Government had requested all the State Governments to waive off the road tax and various other charges on motor vehicles during the period of lockdown and he submits that Government of Uttarakhand is not complying with the Advisories issued by the Central Government in respect of the buses owned by schools.
Mr. M.C. Pant, learned counsel for the petitioners refers to the averments made in para 2 of the supplementary affidavit filed on behalf of the petitioners where it is stated that none of the petitioners have charged any single penny from the parents/students of their school in respect of school bus charge. Thus, he submits that when the buses, owned by the petitioners, were not plied and no fee was charged from the parents/students towards the transport facilities, therefore, asking the petitioners to pay various taxes/charges on the buses owned by the schools would be unjust.
Mr. M.C. Pant, learned counsel for the petitioners submits that petitioners have jointly made representations on 12.03.2021 & 25.08.2021 to various authorities, but no decision has been taken on such representations.
Since petitioners have sought a direction to the respondents to allow the benefit of relaxation in permit renewal, road tax, fitness tax etc., in terms of the Advisories issued by the Central Government, therefore, this Court thinks that ends of justice would be met, if petitioners are permitted to make fresh representation to the Transport Commissioner, Government of Uttarakhand, Dehradun, who may take decision in the matter expeditiously.
Accordingly, the writ petition is disposed of with liberty to the petitioners to make fresh representation to the Transport Commissioner, Dehradun / respondent no. 3 within one week from today. If such a representation is made within stipulated time, the Transport Commissioner shall look into the matter and take appropriate decision, in accordance with law, within three weeks thereafter.
For a period of four weeks or till decision is taken on petitioners' representation, whichever is earlier, no coercive action shall be taken against the petitioners.
Let certified copy of this order be supplied to the petitioners today itself.