The Court directed the transport authorities to decide a pending representation for the adjustment of motor vehicle tax for a period of non-operation caused by the COVID-19 lockdown, exercising its jurisdiction under Article 226 of the Constitution of India.

Order on Board

1. Heard.

2. The present petition has been preferred by the petitioner under Article 226 of the Constitution of India seeking following reliefs:-

“10.1 That, the Hon'ble Court may kindly be pleased to call for the entire records from the respondent no.1 and 2.

10.2 That, it is respectfully, prayed that this Hon'ble Court may kindly be pleased to issue writ of mandamus and kindly direct the respondent no.1 and 2 to decide the representation dated 21/07/2020 of the petitioner for adjustment of tax of suspension period (10 days) in the next month within any stipulated time.

10.3 Any other relief which the Hon'ble Court may deem fit and proper may also be granted in favour of the petitioner.”

3. The facts of the case, as projected by the petitioner, are that due to COVID-19 pandemic, the petitioner could not operate the vehicle of his firm for the period from 22.03.2020 to 31.03.2020 (10 days) owing to the lockdown. Therefore, the petitioner submitted an application dated 21.07.2020 (Annexure P-2) before respondent No.2 /3 for adjustment of motor vehicle tax; however, the same has not been decided yet. Hence, it has been prayed that respondent No.2/3 be directed to decide the said application (Annexure P-2) filed by the petitioner.

4. Though despite repeated calls, none appeared on behalf of the petitioner, but having considered the limited grievance raised by the petitioner and in view of no objection submitted by the State counsel to allow the prayer, instead of keeping the instant writ petition pending, the same is disposed of directing Respondent No.2/3, to decide the pending application dated 21.07.2020 (Annexure P-2) filed by the petitioner as early as possible, preferably within a period of 30 days from the date of receipt/submission of a copy of this order. The petitioner is directed to submit a copy of this order along with a copy of the application (Annexure P-2) before respondent No.2/3 within a period of 15 days from today.

5. With aforesaid observation and direction, the writ petition stands disposed of

6. Pending interlocutory application(s), if any, also stands disposed of. No order as to cost(s).