Court No. - 27 Case :- MISC. BENCH No. - 1759 of 2005 Petitioner :- Vikas Arora And 4 Others Respondent :- State Of U.P.Through Principal Secy.Parivahan Vibhag & 3 Ors Petitioner Counsel :- C.B.Pandey Respondent Counsel :- C.S.C. Hon'ble Devi Prasad Singh,J.
Hon’ble Dr. Satish Chandra,J.
Case called. None appears on behalf of the petitioners.
It has been stated by Sri H.P. Srivastava that the controversy has been settled
by a Division Bench of this Court at Allahabad, in Civil Writ Petition No.273
of 2003, reported in 2003 ALL LJ 1780 (Shambhu Nath Patel. Vs.
Taxation Officer, Allahabad). The Division Bench has held that vehicle
does not fall within the definition of State carriage under Section 2 (4) of
Motor Vehicles Act, 1988. Rather, it is a contract carriage and, therefore, the
vehicle is liable to pay additional tax.
Keeping in view the fact that the controversy has already been concluded by
the Division Bench of this Court, the writ petition is dismissed in the light of
the aforesaid judgment of this Court (supra).
Order Date :- 8.7.2010
Rajneesh)