In a petition challenging the non-action on the part of the Motor Vehicles department withholding the cancellation of the certificate of registration due to the pendency of the disputes relating to tax arrears under the Odisha Motor Vehicles Taxation Act, 1975.
The petitioner, Ramesh Chandra Bhuyan’s vehicle was has been destroyed for which the Petitioner made an application in proper format for cancellation of registration certificate under Section 55 of the Motor Vehicles Act, 1988 which is yet to be considered.
The petitioner contended that the registering authority will cancel the certificate of registration within ten days and enter the same in VAHAN application and that pendency of arrear tax and penalty under the Odisha Motor Vehicles Taxation Act, 1975 or Tax Recovery Proceeding or audit dues (IR) or VCR/Echallan or Prosecution Report shall not be a bar for cancellation of certificate or registration under Section 55 of the MV Act.
Allowing the petition, Justice K.R. Mohapatra observed that“In view of the submissions made by learned counsel for the parties, this Court without expressing any opinion on the merits of the application filed by the Petitioner under Annexure-2 disposes of this writ petition with a direction that on production of certified copy of the order, the R.T.O.,Bhubaneswar-Opposite Party No.2 shall take a decision on the application of the Petitioner under Annexure-2 for cancellation of registration certificate in respect of vehicle bearing Registration No.OR-09-P-6747 (Tipper) in the light of the instructions issued by Commissioner-cum-Chairman, STA, Odisha,-Opposite Party No.1, as expeditiously as possible preferably within a period of three weeks there from and communicate the same to the Petitioner.”
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