High Court of Judicature at Allahabad
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Ramesh Chandra Gupta v. State Of U.P. Thru' Secretary U.P. Govt. Of Lkw. & Ors. - WRIT TAX No. 689 of 2006  RD-AH 7249 (4 April 2006)
Civil Misc. W.P. (Tax) No. 689 of 2006
Hon'ble Sushil Harkauli, J.
Hon'ble Vikram Nath, J.
The finding recorded is that during the period of surrender, the vehicle was supposed to remain standing at the space specified at the time of surrender. However, the petitioner's vehicle No. DL-1P-7339 was found plying during the surrender period because of which it has been detained and such illegal plying entails taxes and penalty and composition charges also.
In writ jurisdiction, it is not possible to examine the pure question of fact whether the vehicle was actually plying during the surrender period or not. It has already been mentioned by the respondents in their reply to the Chief Judicial Magistrate dated 27th January 2006 that the vehicle would be released on payment of taxes, penalty and compounding charges.
In the circumstances, we find no good ground to entertain this writ petition, which is accordingly dismissed.
Dated : April 4, 2006
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