Putanni Rawat vs The State of U.P. and Another

Hon''ble Ajai Lamba, J.—Heavy motor vehicle of the petitioner was challaned and seized on 12th of April, 2011 under the Motor Vehicles Act, 1988 and under the provisions of Motor Vehicle Taxation Act, 1997 by respondent No. 2.

The petitioner moved an application for release of the vehicle. Since, the authority did not take any decision, the petitioner preferred a writ petition, the same bearing No. 5606(MB) of 2011 before this Court. Vide order dated 9th of June, 2011, the petition was disposed of with a direction that petitioner may approach Assistant Regional Transport Officer(ARTO) to ventilate his grievance and in case action is not taken by the said authority, the matter be referred to C.J.M.

The petitioner had to approach C.J.M. Barabanki.

The petitioner moved an application for release of the vehicle in the court of C.J.M., Barabanki. The said court compounded the offences, while imposing a fine of Rs. 7,500/- . The vehicle was not released and, therefore, the petitioner approached the court of Sessions vide Criminal Revision No. 143 of 2011.

Additional Sessions Judge, court No. 1, Barabanki vide impugned order dated 28th of November, 2011 passed a conditional order that if the tax due is deposited by the petitioner, then, the vehicle would be released in favour of the petitioner/owner.

Learned counsel contends that the petitioner has a right to appeal under the Motor Vehicle Taxation Act, 1997, against the quantum of tax levied by the authority, therefore, the order passed by the Additional Sessions Judge is adverse to the rights of the petitioner.

Learned counsel further states that if the vehicle is released on payment of tax, as demanded by the authorities, however without prejudice to the rights of the petitioner to prefer an appeal, the petitioner would be satisfied.

Considering the stand of the petitioner, this petition is disposed of with directions to the authorities to release the vehicle of the petitioner on his depositing the tax as levied. This however, shall be without prejudice to the rights of the petitioner to prefer an appeal against the amount of tax demanded by the respondent-authorities.

On the decision of the appeal, which may rendered within three months of filing of the appeal, the excess amount deposited by the petitioner, if any, be refunded to the petitioner within two weeks from the decision of the appeal.

The petition is decided in the above terms.