Kalakar Das Vs State of Odisha and another (Orissa High Court)
In a recent judgment by the Orissa High Court, the court provided significant relief to vehicle owners facing penalties due to unintentional delays in paying Motor Vehicle (MV) taxes. The petitioner, Kalakar Das, sought relief from the Orissa High Court regarding penalties imposed for delayed payment of MV tax for a vehicle with Registration No. OD-04-K-6078 (Tipper). The tax was due for the period from July 1, 2023, to September 30, 2024. Due to an inadvertent oversight, the petitioner failed to pay the tax on time, leading to the imposition of penalties by the Transport Department.
The core of the petition was a request to the court to direct the authorities to accept the arrear MV tax payment while waiving the penalties. The petitioner argued that the delay was unintentional and requested an opportunity to address the issue by paying the outstanding amount and appealing against the penalties.
The Transport Department’s Standing Counsel, Mr. Behera, highlighted that similar petitions had been resolved by allowing petitioners to pay the arrears and then appeal against the penalties. This precedent supported the petitioner’s request for relief.
Considering the arguments, the court decided to dispose of the petition with specific directions. It ruled that if the petitioner paid the arrear MV tax within four weeks and provided an undertaking to appeal against the penalties, the authorities must accept the tax payment and process the appeal accordingly. Additionally, the court instructed that upon payment of the outstanding amount and submission of the application, the authorities should consider issuing a permit and fitness certificate for the vehicle in accordance with the law.
