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1994 Supreme(MP) 110

U.L.BHAT, P.P.NAOLEKAR
Naveen Raghunath Karnik – Appellant
Versus
State Of Madhya Pradesh And Ors. – Respondent


ORDER

U.L. Bhat, C.J.

1. Petitioner's counsel submits that the amendment will be carried out in the course of the day.

2. The owner of a Jeep registered as a private vehicle has filed this writ petition questioning the vires of explanations (7) and (8) to the First Schedule of the M. P. Motoryan Karadhan Adhiniyam, 1991, and seeking quashing of Annexures-A, B and E as also the demand for Rs. 5,400/- and to direct the respondents to release the vehicle in question on bond. This Court passed an interim order directing that the vehicle be released on the petitioner furnishing bank guarantee for Rs. 6,000/-. We understand that the bank guarantee has been furnished and the vehicle has been released.

3. The respondents Nos. 2 and 3 detected that the petitioner's vehicle was being used to carry passengers for hire and reward on 29-10-1993. The petitioner claims that he had paid tax only on the basis that the vehicle is a private vehicle. He had not paid tax on the basis that it is a public service vehicle. Accordingly, the vehicle was seized under Section 16(3) of the M. P. Motoryan Karadhan Adhiniyam, 1991 (for short, the Act) for non-payment of tax due. The petitioner moved the Taxation Aut











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