ROHIT KUMAR YADAV v. STATE OF U.P. THRU. PRIN. SECY. MINISTRY OF TRANSPORT GOVT. OF U.P. LKO. AND ANOTHER
/1120/2025 · 2025-10-14
Prashant Kumar, Shekhar B Saraf
body2025
DailyLaw.ai
[ 2025 DAILYLAW 201285 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 201285 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT TAX No. - 1120 of 2025 Court No. - 3 HON'BLE SHEKHAR B. SARAF, J.
HON'BLE PRASHANT KUMAR, 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 prayer:-
"A. Issue a writ, order or direction in the nature of Mandamus commanding directing the respondent No.2 to refund the amount of Rs.2,76,900/- (Two Lakhs Seventy Six Thousand Nine Hundred Only) illegally charged in pursuant to road tax and registration charges of his new vehicle Innova Hycross Hybrid ZX(7S) strong Hybrid, which was exempted by way of government order dated 02.03.2023."
3. Learned counsel for the parties have admitted that in similar matters this Court has interfered and in pursuance of a Notification dated 02.03.2023 all hybrid vehicles have been exempted from road tax under the U.P. Motor Vehicle Taxation Act, 1997, for the period 14.10.2022 to 13.10.2025, however tax has been charged.
4. Let the Taxation Officer concerned consider and decide the representation of the petitioner in this regard keeping in mind the law on the subject, within a period of one month. If it is found that the said amount is refundable, the same shall be refunded within a period of two weeks of such decision being taken. The decision taken shall be communicated to the petitioner in writing. Versus Counsel for Petitioner(s) : Shujat Kidwai Counsel for Respondent(s) : C.S.C. Rohit Kumar Yadav .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Ministry Of Transport Govt. Of U.P. Lko. And Another .....Respondent(s)
5. The writ petition is disposed of accordingly. October 14, 2025 Ashutosh WTAX No. 1120 of 2025 2 (Prashant Kumar,J.) (Shekhar B. Saraf,J.) Digitally signed by :- ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench