J.D. MOTORS Vs. STATE OF BIHAR
HIGH COURT OF PATNA
STATE OF BIHAR
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(1.) Heard learned counsel for the parties.
(2.) Petitioner has prayed for the following relief(s):-
(i) For quashing the notice dtd. 22/8/2019 (Annexure-2) issued in connection with Certificate Case No. 18 of 2017-18 for an amount of Rs.4,56,550.00 issued by the Respondent No. 4 for recovery of road tax (Short realization of Trade Certificates Fee from the dealer the Petitioner). (ii) For further declaration that the initiation and further continuance of Certificate Case No. 18 of 2017-18 by the Respondent No. 4 against the Petitioner is itself not maintainable in terms of the provisions of Motor Vehicle Act, 1988 read with Central Motor Vehicle Rules, 1989. (iii) For any other relief/reliefs to which the petitioner is entitled to in the facts and circumstances of the present case.
(3.) It is not in dispute that petition under Sec. 9 of the Bihar and Orissa Public Demands Recovery Act, 1914 (hereinafter referred to as "the Act") is pending consideration/petitioner intends to file before the appropriate authority.
Learned counsel for the parties jointly pray that the instant petition be disposed of with direction to the appropriate authority to consider and decide the same expeditiously. Learned counsel for the State states that the appropriate authority shall consider and decide the petition filed to be filed by the petitioner under Sec. 9 of the Act positively within a period of two months from the date of appearance of the petitioner before him along with a copy of this order and the issue of limitation shall not come in the way of decision on merits. Statement accepted and taken on record.
As such, petition stands disposed of in the following terms:- (a) Petitioner shall appear in the office of the appropriate authority on 7th of February, 2022 along with a copy of this order, on which date documents in support of the petition shall be filed, or else file a fresh petition under Sec. 9 of the Act. (b) The appropriate authority shall consider and dispose of the petitioner's petition expeditiously, by a reasoned and speaking order, preferably within a period of two months from the date of appearance of the petitioner before him and till then no coercive steps be taken against the petitioner; (c) The authority shall also examine as to whether the amount in question falls within the definition of public demand or not;
(d) Needless to add, while considering such petition, principles of natural justice shall be followed and due opportunity of hearing afforded to the parties; (e) Order assigning reasons shall be supplied to the parties; (f) Equally, liberty is reserved to the petitioner to take recourse to such alternative remedies as are otherwise available in accordance with law; (g) We are hopeful that as and when petitioner takes recourse to such remedies, as are otherwise available in law, before the appropriate forum, the same shall be dealt with, in accordance with law and with reasonable dispatch; (h) Liberty reserved to the petitioner to challenge the order passed by the appropriate authority, before the appropriate forum, if so required and desired.
(i) We have not expressed any opinion on merits. All issues are left open; ;
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