USMAN KHA v. STATE OF UTTARAKHAND THROUGH D M U S NAGAR
WPMS/3224/2025 · 2025-11-20
Manoj Kumar Tiwari
body2025
DailyLaw.ai
[ 2025 DAILYLAW 15754 (UTT) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 15754 (UTT) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2025:UHC:10338 SL. No. Dat e Office Not es, r epor t s, or der s or pr oceedin gs or dir ect ion s an d Regist r ar ’s or der w it h Sign at u r es COURT’S OR JUDGE’S ORDERS
W PMS/ 3 2 2 4 / 2 0 2 5 Hon ’ble Man oj Ku m ar Tiw ar i, J.
Mr. Mohit Kumar, Advocate for the petitioner.
2. Mr. Dinesh Bankoti, Brief Holder for the State/ respondent nos. 1 to 3.
3. Mr. Suyash Pant, Advocate for respondent no. 4.
4. Petitioner has challenged citation issued by Tehsildar, Jaspur for recovery of Rs.3,18,219/ -. The said citation appears to have been issued, pursuant to the recovery certificate issued by Assistant Regional Transport Officer, Jaspur, for recovery of dues of road tax in respect of a truck purchased by petitioner in the year 2016. Petitioner contends that the truck was hypothecated with Sriram Transport Finance Company Ltd. and due to some default on the part of the petitioner in repayment of the loan, respondent no. 4 took away the truck in 2019, regarding which a criminal complaint was also filed before competent court of law.
5. Learned State Counsel, however, submits that if petitioner has any grievance, then he can approach the Appellate Authority under Section 18 of Uttarakhand Motor Vehicle Taxation Reforms Act, 2003.
6. Since petitioner has statutory remedy of filing appeal under Section 18 of the aforesaid Act, therefore, the writ
2025:UHC:10338 petition is disposed of with liberty to petitioner to approach the Appellate Authority by filing an appeal. If he files appeal within ten days from today, the same shall be heard and decided on merits. For a period of ten days, no coercive action shall be taken against the petitioner, pursuant to the impugned recovery citation.
( Man oj Ku m ar Tiw ar i, J.)
20.11.2025
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NAVEEN CHANDRA Digitally signed by NAVEEN CHANDRA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3be23325146e76a0642bdf4943fb9046f487df006da82a13 1bb4e4403d3c0a15, postalCode=263001, st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A103819DA875643AF56D 653D095C6ED9A86DAAB21CE5, cn=NAVEEN CHANDRA Date: 2025.11.21 09:42:23 +05'30'