Non Payment of M V Tax: Orissa HC Directs to release Seized Vehicle on Payment of Tax Dues [Read Order]

The Orissa High Court in a case related to seizure of vehicle due to non payment of Motor Vehicle Tax , directed to release the seized vehicle on payment of tax dues under Odisha Motor Vehicles Taxation Act, 1975( OMVT).

Mita Parida, the Petitioner claiming himself to be the owner of the vehicle in question, has sought for a direction from this Court to the RTO, Dhenkanal/Opposite Party for releasing his vehicle bearing Registration No.OD05BL 3582 (Truck). Counsel for the Petitioner submitted that the vehicle of the Petitioner has been seized by the Regional  Transport Officer, Dhenkanal-Opposite Party for nonpayment of M.V. Tax and also for other allied offences. He also submitted that the Petitioner is agreed to pay 50% of the challan/fine amount with M.V. Tax.

It was further prayed for granting necessary permission to the Petitioner to file show cause as per the provision under Section 13(2) of the Odisha Motor Vehicles Taxation Act, 1975 (‘the Act’) in respect of the penalty imposed. 

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Counsel for the Petitioner further contended that in the meantime, though the Petitioner attempted to pay 50% of the challan/fine amount, the authority concerned refused to accept the same. Mr. Behera, Standing Counsel for the Transport Department submitted that if the Petitioner pays the outstanding M.V. tax including 50% of the challan/fine amount and files her show cause reply as per the provision under Section 13(2) of the Act in respect of the penalty imposed, the authority concerned shall consider the case of the Petitioner for release of her vehicle.

Considering the submissions made by the counsel for the parties, the single bench of Dr. Justice S.K. Panigrahi  disposed of the Writ Petition with a direction that in the event the Petitioner deposits the entire outstanding M.V. Tax amount including 50% of the challan/fine amount and files show cause reply under Section 13(2) of the Act in respect of the penalty imposed within a period of four weeks.

It was further directed that the Petitioner shall produce the original driving license of the Driver of the offending vehicle. The Petitioner shall also file an undertaking to cooperate the Authorities for compounding/contesting the challan raised in respect of the aforesaid vehicle.  

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