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Santosh Kumar Maurya v. Regional Transport Officer/Taxation Officer Kanpur & Others - WRIT TAX No. 634 of 2006  RD-AH 8703 (8 May 2007)
Chief Justice's Court
IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
CIVIL APPELLATE JURISDICTION
Civil Misc. Writ Petition No. 634 of 2006
1. Santosh Kumar Maurya son of ri Jagdish Prasad Maurya,
resident of 214/11, Vijai Nagar Subzimandi, Kanpur Nagar
1. Regional Transport Officer/Taxation Officer Kanpur,
Regional Transport Office, Kanpur.
2. Zila Adhikari Kanpur Nagar.
Counsel for the petitioner: Mr. M.A. Khan
Counsel for the respondents: Mr. M.R. Jaiswal, Standing Counsel
CORAM: Hon'ble H.L.Gokhale,CJ
Hon'ble R.K. Agrawal,J
Dated: May 8, 2007
1. Heard Mr. Khan, learned counsel in support of this petition.
2. The petitioner is challenging the recovery of tax in pursuance of the recovery certificate dated 26th of November, 2005.
3. The case of the petitioner is that the concerned vehicle met with an accident and thereafter it was sold to scrap dealer. If that was so, the petitioner would have disclosed what was the amount received by him. He does not mention it nor does the scrap dealer mention. The papers of registration of the vehicle are also not tendered to the authority concerned.
4. In the circumstances, there is no reason to interfere into the order of the recovery certificate nor can we direct the cancellation of registration under Section 55 of the Motor Vehicles Act, 1988 as prayed by the petitioner. The petition is dismissed.
RK/ (Chief Justice)
(R.K. Agrawal, J)
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