GHULAM MOHI-UD-DIN PEER v. UNION TERRITORY OF J AND K TH COMMR/SECTY (TRANSPORT) AND ORS
WP(C)/2615/2025 · 2026-03-04
Moksha Khajuria Kazmi
Writ Petition (Civil)body2025
DailyLaw.ai
[ 2025 DAILYLAW 390 (JK) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 390 (JK) · dailylaw.ai ]
Judgment text
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Serial No.49 Regular cause list HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR … WP(C) 2615/2025 CM(6908/2025)
GHULAM MOHI-UD-DIN PEER(SENIOR CITIZEN)
……...Petitioner(s) Through:
Mr. Mohatashim, Advocate vice Mr. S. Manzoor, Advocate.
Versus UNION TERRITORY OF J AND K AND ORS. ……Respondent(s) Through: Mr. Furqan Sofi, GA.
CORAM:
HON’BLE MS JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE
ORDER 04.03.2026
1. By the instant petition, the petitioner herein is praying for the following reliefs:
“a. WRIT/DIRECTION/ORDER particularly in the nature of MANDAMUS, be issued, directing the Respondents to waive the road tax in respect of the petitioner’s vehicle bearing registration No. JK05C-2708 for the entire period during which it remained unused, namely from 13.07.2014 to 31.03.2022 when it was under seizure of the Forest Department, and from 31.03.2022 till date, during which the vehicle has continued to remain off-road and parked at the petitioner’s residence; and further to waive the fee and penalty demanded for renewal of the fitness certificate for the said period. b. A WRIT/DIRECTION/ORDER particularly in the nature of MANDAMUS, be issued, directing the respondents to decide the application submitted by the petitioner regarding waiver of road tax and to decide the same expeditiously in accordance the provisions of the J&K
Motor Vehicles Taxation Act, 1957, and the principles laid down in M/s Tarachand Logistic Solutions Ltd. v. State of Andhra Pradesh & Ors (supra); and further, to to decide the petitioner’s request for waiver of fee and penalty towards renewal of fitness certificate in accordance with law and keeping in view the fact that the vehicle was in custody of the Forest Department for more than 8 years.”
2. Learned counsel for the petitioner states that he would restrict his prayer only to the extent of relief sought in prayer clause ‘b’, inasmuch as the petitioner has already submitted an application dated 07.02.2025 before respondent No. 3.
3. Learned counsel for the petitioner further submits that the petitioner would feel satisfied if the instant petition is disposed of with a direction to the respondents to consider the aforesaid application within a reasonable period of time.
4. Learned counsel appearing for the respondents submits that he is not averse to the proposition advanced by learned counsel for the petitioner.
5. In view of the above, the instant petition is disposed of with a direction to respondents No. 3 and 4 to consider the application of the petitioner for grant of permit and exemption of tax in respect of vehicle bearing registration No. JK05C-2708, within a period of two months from the date of passing of this order, and to pass a reasoned and speaking order thereon.
6. Disposed of.
(MOKSHA KHAJURIA KAZMI) JUDGE
Srinagar 04.03.2026
“Shaista”