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2016 Supreme(All) 2198
ALLAHABAD HIGH COURT
Dr. Dhananjaya Yashwant Chandrachud, CJ., Yashwant Varma, J.
Ram Pravesh Singh - Appellant
Versus
State of U.P. And 4 Others - Respondent
WRIT - A No. - 12621 of 2016
Decided On : 28-03-2016
For the Petitioner: Bijendra Kumar Mishra, Gaurav Kumar Chaturvedi.
For the Respondent: C.S.C.
Balancing the petitioner's willingness to pay in installments with the need for compliance with road tax regulations.
Headnote:
Seizure - Motor Vehicle - Road Tax
Fact of the Case:
The petitioner's motor vehicle was seized for non-payment of road tax since October 2014. The petitioner expressed willingness to pay in installments.
Finding of the Court:
The court ordered the release of the motor vehicle upon the petitioner depositing Rs.30,000 within two weeks and paying the remaining outstanding amount in three equal monthly installments. Default would result in lawful action by the respondent.
Issues: Non-payment of road tax, willingness to pay in installments, seizure of motor vehicle
Ratio Decidendi: The court balanced the petitioner's willingness to pay in installments with the need for compliance with road tax regulations, allowing for release of the vehicle upon partial payment and installment plan.
Final Decision: The court disposed of the petition, ordering the release of the motor vehicle upon partial payment and installment plan, with a warning of lawful action in case of default.
The motor vehicle belonging to the petitioner has been seized for non payment of road tax since October 2014.
2. The learned counsel appearing on behalf of the petitioner states that the petitioner is ready and willing to do so subject to installments.
3. Hence, the following order:
(i) On the petitioner depositing an amount of Rs.30,000/- with the fourth respondent within a period of two weeks from today, the motor vehicle bearing registration no. UP 62 T 5802 shall be released forthwith subject to verification of the identity of the petitioner and the relevant records; and
(ii) The petitioner shall pay the remaining outstandings in three equal monthly installments to be paid on or before 15 May 2016, 15 June 2016 and 15 July 2016.
4. In the event of any default in the payment of one or more installments or part thereof, the respondent would be at liberty to take steps in accordance with law.
5. The petition is, accordingly, disposed of. There shall be no order as to costs.
