Research › Search › Judgment

High Court of Orissa · body

2026 DAILYLAW 6653 (ORI)

SK. RIYAKET ALLI v. R.T.O., BALASORE

WP(C)/12294/2026 · 2026-04-29

Murahari Sri Raman

Writ Petition (Civil)body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.12294 of 2026 Sk. Riyaket Alli …. Petitioner Mr. Subham Satapathy, Advocate on behalf of Mr. S.R. Panda, Advocate -versus- R.T.O., Balasore …. Opposite Party 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 approached this Court by filing the writ petition challenging the warrant of attachment issued against the petitioner’s movable property in Form-3 vide Rule 21 of Odisha Motor Vehicle Rules, 1993. 2. It is submitted by learned counsel for the petitioner that upon recovery from illness when it came to knowledge, the petitioner approached the R.T.O. with a prayer to waive the demand of tax and penalty for the aforesaid period, but his prayer was turned down by the R.T.O., Balasore, who directed him to pay a sum of Rs.71,500/- towards M.V. Tax and a sum of Rs.1,33,250/- towards additional penalty for the said period. 2.1. It is also submitted that the petitioner is willing to deposit the tax component and raise objection with regard to penalty before the competent authority. 3. Mr. Pravakar Behera, learned Standing Counsel for the Transport Department raised an objection that the petitioner p. 2 has come up before this Court challenging the warrant of attachment of movable property. Therefore, no stay of attachment be granted. 4. Considering the grievance of the petitioner, it is directed in the interest of justice that in the event the petitioner deposits amount of tax component within a period of two weeks from today and approaches along with copy of this order and raises an objection petition, the appropriate authority, namely, Tax Recovery Officer, Balasore, shall consider the same within a period of two weeks thereafter. The competent authority shall consider such objection and to withdraw the warrant of attachment. 5. Accordingly, the writ petition stands disposed of. Pending I.A., if any, shall be disposed of. (M.S. Raman) Judge Aswini SETHY Designation: Personal Assistant (Secretary-in-charge) COURT, CUTTACK Signature Not Verified