Page No.# 1/3 GAHC010079462025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2065/2025 SRI BHARAT BHUSHAN GUPTA S/O LT SRIRAM GUPTA R/O CENTYRAL NAMGHAAR ROAD PO AND PS DULIAJAN DIST DIBRUGARH ASSAM 786602 VERSUS THE STATE OF ASSAM AND ORS REP BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM TRANSPORT DEPTT 2:THE COMMISSIONER OF TRANSPORT ASSAM PARIBAHAN BHAWAN JAWAHAR NAGAR KHANAPARA GUWAHATI 22 3:THE TAXATION OFFICER/ DISTRICT TRANSPORT OFFICER TINSUKIA DIST TINSUKIA ASSA Advocate for the Petitioner : MR. R S MISHRA, MR. A K GUPTA,MS M NIROLA Advocate for the Respondent : SC. TRANPORT DEPTT., BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 11.04.2025 Heard Mr. RS Mishra, learned counsel for the petitioner. Also heard Ms. MD Page No.# 2/3 Bora, learned Standing Counsel, Transport Department. 2] The petitioner is engaged in the transport business and provides vehicles on a hire purchase basis. Because of the hardship of the petitioner due to Covid-19 pandemic, he defaulted in payment of Motor Vehicle Tax in respect of the Vehicle No.AS23Z5876 and AS23Z5867. The petitioner’s unpaid amount towards Motor Vehicle Tax is Rs.9,12,005/- (Rupees Nine lakh twelve thousand five) each of the vehicles totaling an amount of Rs.18,24,010/- (Rupees Eighteen lakh twenty-four thousand ten). Since the petitioner could not make the payment on time as required, he filed a representation on 28.03.2025 before the respondent no.2, namely, the Commissioner of Transport requesting for payment of the said amount in installments. However, no response has come from the Office of the Commissioner of Transport on the representation preferred. There is an averment in the writ petition that both the vehicles are under the custody of the respondent authorities for non-payment of the vehicles tax. Being aggrieved, the petitioner is before this Court. 3] Ms. MD Bora, learned Standing Counsel, Transport Department appearing for all the respondents submits that the respondents are permitted under the Assam Vehicles Taxation Act, 1936 to impose taxes on the vehicles and the petitioner defaulted in payment of the vehicle taxes and accordingly, the vehicles have been taken into custody. She, however, submits that since the representation is pending before the respondent no.2, namely, the Commissioner of Transport, the writ petition can be disposed of with a direction to consider and dispose of the representation dated 28.03.2025 by passing a speaking order. 4] The submissions are not objected to by the learned counsel for the petitioner. Page No.# 3/3 5] Accordingly, without expressing anything on merit, the writ petition stands disposed of directing the respondent no.2, namely, the Commissioner of Transport to look into the grievances of the petitioner, as ventilated in the representation dated 28.03.2025 and thereafter, pass a speaking order. If any particulars are found necessary, the same can be called for from the petitioner and any such order that is passed, the copy thereof shall be served on the writ petitioner. The directions shall be carried out within a period of 3 (three) weeks from the date of receipt of a certified copy of this order. 6] The writ petition stands disposed of with the above directions. JUDGE Comparing Assistant