High Court of Judicature at Allahabad
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Dilip Kumar Tripathi v. State Of U.P. & Others - WRIT TAX No. 670 of 2005  RD-AH 1058 (13 April 2005)
Hon'ble R.K.Agrawal, J.
Hon'ble Rajes Kumar, J.
This writ petition has been filed for a writ of mandamus to accept the tax dues in easy instalments.
The learned counsel for the petitioner states that due to some problem the petitioner could not deposit the amount of tax. Now, he is willing to deposit the same provided some easy instalments are fixed by the Court. The learned Standing Counsel appearing for the respondents has no objection if the petitioner is permitted to deposit half of the amount of tax in a month and balance in two equal monthly instalments.
In view of the above, we dispose of this writ petition with the direction to the authority concerned that the petitioner shall be permitted to deposit half of the amount outstanding against him by 30.4.2005 and the balance amount in two equal monthly instalment payable on 31.5.2005 and 30.6.2005. The amount of interest payable, if any, shall also be paid alongwith the last instalment. On payment of half of the amount, the seized vehicle of the petitioner shall be released in his favour forthwith if the vehicle has been seized for non-payment of dues. The petitioner shall not sell, encumber or transfer the vehicle till payment of full instalments. Till 30.4.2005 the auction proceeding shall remain stayed provided the petitioner deposits the first instalment. Further, the auction proceedings shall remain stayed till 31.5.2005 provided the petitioner deposits the second instalment and till 30.6.2005 provided the petitioner deposits the last instalment with interest, if any. However, it is made clear that in case of default, this order shall stand automatically vacated and the respondents shall be at liberty to realize the entire balance amount in accordance with law.
The office is directed to issue a certified copy of this order within 24 hours on payment of usual charges.
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