Vasiruddin v. State of U.P. and 3 Others

Chief Justice's Court Case :- WRIT TAX No. - 1262 of 2023 Petitioner :- Vasiruddin Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sanjay Kumar Dubey Counsel for Respondent :- C.S.C. Hon'ble Pritinker Diwaker,Chief Justice Hon'ble Ashutosh Srivastava,J. Heard learned counsel for the petitioner and learned Standing Counsel for the State-respondents. This writ petition has been filed seeking issuance of a writ of certiorari quashing the impugned recovery certificate dated

20.07.2023 issued by the Taxation Officer, RTO Office, Bareilly. Undisputedly, petitioner has an alternative remedy of filing an application under Rule 18 of the Motor Vehicles Taxation Rules, 1998, however, without availing the said remedy, the petition has been filed. Counsel for the petitioner submits that he is willing to avail the benefit of alternative remedy, however, his application may be dismissed holding it to be time barred and thereafter the concerned authority may be directed to entertain the application on merits and pass appropriate orders. Counsel appearing for the State has no objection to the said proposition. Accordingly, without expressing any opinion on merits of the case, the petition is disposed of permitting the petitioner to file application as provided under Rule 18 of the Motor Vehicles Taxation Rules, 1998 within three weeks from today. In the eventuality of doing so, the authority is expected to pass appropriate orders, in accordance with law, including, if any, application is filed for interim relief. Order Date :- 3.11.2023 Deepak/ (Ashutosh Srivastava,J.) (Pritinker Diwaker,CJ.) High Court of Judicature at Allahabad