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2025 DAILYLAW 155829 (ALL)

DR. PRADEEP KUMAR SHARMA v. STATE OF U.P. THRU. PRIN. SECY. TRANSPORT LKO. AND 2 OTHERS

WTAX/731/2025 · 2025-08-11

Manish Kumar, Sangeeta Chandra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:46761-DB Court No. - 2 Case :- WRIT TAX No. - 731 of 2025 Petitioner :- Dr. Pradeep Kumar Sharma Respondent :- State Of U.P. Thru. Prin. Secy. Transport Lko. And 2 Others Counsel for Petitioner :- Syed Mohammad Abid,Nitin Singh,Sonu Gupta,Vibhav Kumar Srivastava Counsel for Respondent :- C.S.C. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Manish Kumar,J. 1. This petition has been preferred with following main prayers:- "Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to:- (i) To issue a writ, order or direction, in the nature of Mandamus commanding the opposite parties to refund the tax amount of Rs. 1,86,900 (One Lakh Eighty Six Thousand Nine Hundred only) which has been wrongly received from the petitioner as registration tax regarding the vehicle no. UP32 PS-9010, in the interest of justice. (ii) To issue a writ, order or direction, in the nature of Mandamus commanding the opposite party no.3/R.T.O., Transport Nagar, (iii) To issue a writ, order or direction, in the nature of Mandamus commanding the opposite party no.3/R.T.O., Transport Nagar, Lucknow, to decide the representation of the petitioner dated dated 27.09.2024, which is pending before him, in the interest of justice. " 2. It is admitted by learned counsel for the parties that the controversy has been settled by this court in a similar matter by a co-ordinate bench of this court. One of such orders has been placed before this court by learned counsel in Writ Tax No. 255 of 3024, decided on 18.10.2024. 3. We dispose of this petition with a direction to the Taxation Officer to consider and decide the representation filed by the petitioner, keeping in mind the law on the subject, within one month. If it is found that amount in question 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. Order Date :- 11.8.2025 DiVYa Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench