TARUN MOTIANI v. STATE OF U.P. THRU. SECY. TRANSPORT DEPTT. LKO. AND 3 OTHERS
WTAX/438/2025 · 2025-05-09
Ajai Kumar Srivastava I, Attau Rahman Masoodi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 139292 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 139292 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:27492-DB Court No. - 1 Case :- WRIT TAX No. - 438 of 2025 Petitioner :- Tarun Motiani Respondent :- State Of U.P. Thru. Secy. Transport Deptt. Lko. And 3 Others Counsel for Petitioner :- Tulsi Ram Yadav Counsel for Respondent :- C.S.C. Hon'ble Attau Rahman Masoodi,J. Hon'ble Ajai Kumar Srivastava-I,J.
1. Heard Sri Devendra Kumar, learned counsel appearing on behalf of petitioner and the learned counsel for the State.
2. The contention of the petitioner's counsel is that in view of the notification dated 02.03.2023 all hybrid vehicles such as the one owned by the petitioner were exempted from road tax under the U.P. Motor Vehicle Taxation Act, 1997 for the period 14.10.2022 to 13.10.2025. In spite of it, the tax was charged, which was paid by the petitioner to the tune of Rs.3,02,600/-. Therefore, he says that the said amount is liable to be refunded.
3. Let the Taxation Officer concerned consider and decide the representation filed in this regard keeping in mind the law on the subject, within one month. If it is found that the said amount is refundable, then the same shall be refunded within two weeks of such decision being taken. The decision shall be communicated to the petitioner in writing.
4. Writ petition is accordingly disposed of. (Ajai Kumar Srivastava-I, J.) (Attau Rahman Masoodi, J.) Order Date :- 9.5.2025 Shubhankar Digitally signed by :- SHUBHANKAR THAKUR High Court of Judicature at Allahabad, Lucknow Bench