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GUDDU versus STATE OF U.P. THRU' TRANSPORT SECRETARY, LUCKNOW & OTHERS

High Court of Judicature at Allahabad

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Guddu v. State Of U.P. Thru' Transport Secretary, Lucknow & Others - WRIT TAX No. 742 of 2006 [2006] RD-AH 7741 (17 April 2006)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon'ble Sushil Harkauli, J.

Hon'ble Vikram Nath, J.

An amount of Rs. 4,15,380/- has been demanded from the petitioner under the U.P. Motor Vehicles Taxation Act, 1997. The order states that the recovery for the period 1.10.2001 to 31.3.2005 is being made because the stay order granted by the High Court has been vacated.

During the arguments, learned counsel for the petitioner has submitted that the petitioner is prepared to pay the entire tax, but due to financial constraints, he may  be allowed to pay the same in the installments.

In the circumstances, we direct that the recovery will not be made from the petitioner, provided the petitioner pays the entire amount aforesaid in 8 almost equal quarterly installments. The first installment to be paid on or before 30.6.2006. If the petitioner commits default in payment of any of the installments, this order will stand automatically vacated and the entire balance amount will become recoverable. On payment of the first installment as aforesaid, the vehicle in question will be released to the petitioner, but the petitioner will not be permitted to ply the vehicle unless the full tax due has been deposited.

Writ petition is disposed of with the aforesaid directions.

17.4.2006

VKS/ WP742/06


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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