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2025 DAILYLAW 143405 (ALL)

AJAY SINGH GAUTAM v. STATE OF U.P. THRU. ITS PRIN. SECY. MINISTRY OF TRANSPORT LKO. AND 2 OTHERS

WRIC/5530/2025 · 2025-05-30

Sangeeta Chandra, Shree Prakash Singh

body2025

Judgment text

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Court No. - 9 Case :- WRIT - C No. - 5530 of 2025 Petitioner :- Ajay Singh Gautam Respondent :- State Of U.P. Thru. Its Prin. Secy. Ministry Of Transport Lko. And 2 Others Counsel for Petitioner :- Satyanshu Ojha Counsel for Respondent :- C.S.C. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Shree Prakash Singh,J. Heard learned counsel for the petitioner, learned Standing Counsel who appears on behalf of State - respondents. Learned counsel for the petitioner submits that similar disputes have been decided by this Court in favour of the petitioner. Learned Standing Counsel does not dispute such averment. The contention of the petitioner's counsel is that in view of the notification dated 02.3.2023 all hybrid vehicles such as the one owned by the petitioner was 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.187874.73. Therefore, he says that the said amount is liable to be refunded. 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. Writ petition is accordingly disposed of. Order Date :- 30.5.2025 mks Digitally signed by :- MANISH SAXENA High Court of Judicature at Allahabad, Lucknow Bench