DURGESH KUMAR MISHRA v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF TRANSPORT LKO. AND 3 OTHERS
WRIC/9078/2025 · 2025-09-16
Brij Raj Singh, Sangeeta Chandra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 164371 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 164371 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 9078 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J.
HON'BLE BRIJ RAJ SINGH, J.
1. Heard the learned counsel for the petitioner and the learned Standing Counsel who appears on behalf of the State-respondent nos.1 to 4.
2. This petition has been filed by the petitioner for the following prayers:-
"i) Issue writ, order or direction in the nature of certiorari for quashing the impugned order dated 31.07.2025 passed by opposite party No.4, contained as Annexure No.1, in the interest of justice. ii) Issue writ, order or direction in the nature of mandamus commanding the concerned opposite parties that they consider the case of petitioner and not charge the road tax from the petitioner, in the interest of justice. iii) Any other order or direction which this Hon'ble Court may deem fit just and proper may also kindly be passed."
3. We have gone through the order dated 31.07.2025 which has referred to Tax which the petitioner has to pay w.e.f. 01.07.2022 to 30.09.2025 under Section 4 and Section 6 of the U.P. Motor Vehicle Taxation Act, 1998, and also penalty imposed therein. The total amount payable by the petitioner has been determined as Versus Counsel for Petitioner(s) : Alok Kr. Misra Counsel for Respondent(s) : C.S.C. Durgesh Kumar Mishra .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Transport Lko. And 3 Others .....Respondent(s)
Rs.32,600/-. The counsel for the petitioner says that it is only a notice and therefore the petitioner cannot file an Appeal against such order.
4. We find that the order dated 31.07.2025 has filed for determining the liability of the petitioner to pay road tax and penalty it is an appealable order under Section 3 of Motor Vehicle Taxation Act and Rules framed thereunder.
5. The writ petition is disposed of with liberty to the petitioner to approach the appellate Forum. September 16, 2025 N.PAL WRIC No. 9078 of 2025 2 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- NARESH PAL High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- NARESH PAL High Court of Judicature at Allahabad, Lucknow Bench