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2025 DAILYLAW 163252 (ALL)

ARUN KUMAR SINGH v. STATE OF U.P. THRU. PRIN. SECY. TRANSPORT DEPTT. LKO. AND 3 OTHERS

WTAX/896/2025 · 2025-09-09

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT TAX No. - 896 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE BRIJ RAJ SINGH, J. 1. Heard learned counsel for the petitioner and learned Standing Counsel for the State-respondents. 2. This petition has been filed with the following main prayers:- "a. Issue a writ, order or direction in nature of mandamus commanding the respondent no.3 to refund and amount of Rs.3,02,600/- deposited by the petitioner as road Tax (M.V. Tax) on registration of his Innova Hycross bearing Registration Number UP NW 9574 consequent to the exemption granted as per clause 4.3.1 of UP Electric Vehicle Manufacturing and Mobility Policy 2020 notified by GO No 41/2022/2596/77-6-2022- 1(M)/2022 dated 14.10.2022." 3. 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 13.10.2022. 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. Versus Counsel for Petitioner(s) : Yatindra Pathak Counsel for Respondent(s) : C.S.C. Arun Kumar Singh .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Transport Deptt. Lko. And 3 Others .....Respondent(s) 4. 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. 5. Writ petition is accordingly disposed of. September 9, 2025 Sachin WTAX No. 896 of 2025 2 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- SACHIN MEHROTRA High Court of Judicature at Allahabad, Lucknow Bench