Court No. - 37 Case :- WRIT TAX No. - 112 of 2010 Petitioner :- Sanjeev Kumar Respondent :- State Of U.P. & Others Petitioner Counsel :- Chandra Shekhar Kushwaha Respondent Counsel :- C.S.C. Hon'ble Rajes Kumar,J.
Hon’ble Mrs. Jayashree Tiwari,J.
Heard Sri Chandra Shekhar Kushwaha, learned counsel for the petitioner and
learned Standing Counsel.
The grievance of the petitioner is that the petitioner had sold his vehicle
no.DL-1P-5253, which was of 1992 model in the year 2001 and had
surrendered all the papers to the respondents, still the demand has been raised
upto December, 2008. In this regard, the petitioner has filed the representation
but without deciding his representation, the recovery proceeding has been
initiated against the petitioner.
Learned Standing Counsel states that let the respondent no.3, Taxation
Officer, Motor Vehicle Department, Ghaziabad be directed to decide the
representation of the petitioner, annexure-3 to the writ petition.
In view of the above, the writ petition is disposed of directing the petitioner
to file a comprehensive representation before respondent no.3, which the
petitioner undertakes to file within two weeks and the respondent no.3 is
directed to decide the same after giving opportunity of hearing to the
petitioner, within another period of four weeks from the date of presentation
of certified copy of the order, by a speaking and reasoned order.
For a period of six weeks or till the disposal of the representation of the
petitioner, whichever is earlier, the recovery proceeding initiated against the
petitioner shall remain stayed.
Order Date :- 25.1.2010
R./