Hegde, J. - (1.)In this Writ Petition, the petitioner, who is the proprietor of S. C. S. Motor Service, Kadaba, prays for a writ of certiorari quashing the demand made by the Regional Transport Officer, Tumkur, as per his notice No. MYF. 520/63-64 dated 31-10-1963, and the Order of the Commissioner for Transport in Mysore, in No. XA/38/63-64, affirming in appeal the demand made by the R. T. O., Tumkur.
(2.)The material facts of the case are these:
(3.)The Petitioner is the proprietor of the Motor Vehicle bearing No. MYF. 520. He was operating on a route in Tumkur District. It appears that sometime in the beginning of 1963, the Superintendent of Police, Tumkur, inspected the vehicle and found it to be unfit for use on road. Therefore, A joint inspection was conducted by the R. T. O. and himself on 4-2-63-Thereafter, the R. T. O., Tumkur, cancelled the fitness certificate of the vehicle in question on 9-2-1963. The Petitioner returned to the R- T. O., the registration certificate as well as the token of the vehicle in question. But, the R. T. O., by his letter dated 18-3-1963, informed the petitioner that the surrender in question was not accepted as it did not comply with the requirements laid down by the Government Notification No. M. D. 70 MVT. 58 dated 9/ 13-3-1959. At this stage, it may be noted that while surrendering the registration certificate and the token, the petitioner failed to surrender the permit relating to the vehicle. The same was surrendered only on 23-11-1963. By his letter dated 31-10-1963, the R. T. O., Tumkur, has demanded from the petitioner a sum of Rs. 3,915/- as tax and penalty due for the three quarters beginning from 1-4-1963 and ending with 31-12-1963. For each of the quarters, he has demanded a sum of Rs. 1,305/- as tax and penalty. This Order of the R. T. O., as mentioned earlier, has been affirmed by the Commissioner for Transport in Mysore, in the appeal filed by the Petitioner.