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2026 DAILYLAW 6546 (ORI)

ANAND VISHWAKARMA v. STATE TRANSPORT AUTHORITY, ODISHA

WP(C)/9688/2026 · 2026-04-29

Murahari Sri Raman

Writ Petition (Civil)body2026

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C). No.9688 of 2026 Anand Vishwakarma …. Petitioner Mr. Ramashish Acharya, Advocate -versus- State Transport Authority, Odisha and others …. Opposite Parties Mr. Pravakar Behera, Standing Counsel for Transport Department CORAM: HON’BLE MR. JUSTICE MURAHARI SRI RAMAN Order No. 01. ORDER 29.04.2026 1. The petitioner has filed this writ petition challenging the illegal issuance of demand notice and “Certificate of recovery of arrear” dated 06.02.2026 (Annexure-3) issued by the Taxing Officer and Regional Transport Officer, Rourkela for non-payment of the tax to the tune of Rs.1,62,720/- for the period from 01.09.2018 to 28.02.2026 in respect of the vehicle of the petitioner bearing registration No.OD-14-P-7966. 2. It is conceded by the learned counsel for the parties that the amount of Rs.1,62,720/- relates to arrear Motor Vehicle Tax. 3. Learned counsel appearing for the petitioner submitted that since the petitioner is ready and willing to deposit 50% of the tax component and the rest amount on three equated instalments, the recovery proceeding needs to be stayed. 4. Sri Pravakar Behera, learned Standing Counsel appearing for the Transport Department though has no objection to the aforesaid submission of the learned counsel for the petitioner, submitted that since the petitioner has come up before this Court challenging the recovery proceeding in T.R. Case No.3316 of 2026 for default in payment of arrear tax from 01.09.2018 to 28.02.2026 and the recovery proceeding is pending and the petitioner has not deposited any amount towards the said arrear, the permit in respect of Contract Carriage Permit has rightly been not granted. 5. Considering the aforesaid submission of the learned counsel for the parties, this Court without expressing any opinion on the merits of the case, directs the petitioner to deposit 50% of the tax component before the appropriate authority within two weeks from today and the rest amount shall be deposited by the petitioner before the appropriate authority on three consecutive equated monthly instalments starting from 15th May, 2026. It is made clear that in case the petitioner fails to deposit the aforesaid amounts in the manner stipulated above, the Authority concerned is at liberty to enforce the entire liability by proceeding with the already instituted process of recovery in T.R. Case No.3316 of 2026 in accordance with law. 6. It is further directed that on depositing aforesaid 50% of the tax component within the time stipulated, the petitioner may approach the appropriate authority along with an application for renewal of permit and the receipt showing deposit of 50% of the tax competent, the Authority concerned shall consider his application for renewal in accordance with law. 7. With the aforesaid observation and direction, this writ petition stands disposed of. Pending Interlocutory Application(s), if any, shall stand disposed of. [[ (M.S. Raman) Judge MRS SAMAL Designation: PERSONAL ASSISTANT Cuttack Signature Not Verified