Rajan Roy, J. - (1.) Heard learned counsel for the petitioner and learned Additional Chief Standing Counsel for the State.
(2.) This is a writ petition under Article 226 of the Constitution of India seeking the following reliefs:- "i) To issue a writ, order or direction in the nature of 'CERTIORARI' quashing the impugned order dated 01.09.2016, passed by the Opposite Party No. 2, in Appeal No. 15 of 2016, titled as Ajay Kumar Yadav versus Taxation/ Registration Officer, Motor Vehicle Department, Faizabad and Ors. and the order/Recovery Certificate dated 20.01.2016, issued by the Opposite Party No. 5 in respect of the vehicle No.UP-41T-3051 (Jeep/ Taxi) and also the Recovery Citation dated 03.03.2016, issued by the Opposite Party No. 7, against the Petitioner and also commanding the Opposite Party No. 5 to release the papers of the vehicle No. UP-41T-3051 (Jeep/ Taxi) in favour of the Petitioner without levying any tax or penalty. ii) To issue a writ, order or direction in the nature of 'MANDAMUS' commanding the Opposite Party No. 5 to release the papers of the vehicle No. UP-41T-3051 (Jeep/Taxi) in favour of the Petitioner without levying any tax or penalty."
(3.) The matter was heard on the earlier occasion and the following order was passed on 22.02.2018:- "Heard. The question which falls for consideration before this Court is as to whether in the intimation of surrender any time limit was mentioned or not and in the event it is not mentioned, then, it would have to be considered as to whether the petitioner is entitled to the benefit of the judgment dated 30.08.2011 passed in Writ Tax No. 1273 of 2011 or not, of course in terms of the Rule 22 of the U.P. Motor Vehicle Taxation Rules, 1998. The vires of which has already been uphold by a Division Bench of this Court. In this regard the Court finds that there is a recital in the Appellate order to the effect that at the time of surrender Form- F a specific mention was made that the vehicle was being surrendered for under going repairs and was not to be used during this period within three months from 30.09.2014. Let the learned Standing Counsel produce the Form- F referred in the Appellate order, as, what has been annexed with the petition is only part 2 and 3 thereof. List/ put up on 08.03.2018 for further hearing.";