HIGH COURT OF JHARKHAND
SUMIT KUMAR – Appellant
Versus
TRANSPORT – Respondent
WPC 4263/2014
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W. P. (C) No. 4263 of 2014
Sumit Kumar...
..... Petitioner
Versus
1. The State of Jharkhand through its
Secretary, Department of Transport, Ranchi
2. The District Transport Officer, Dumka
3. Tata Motors Finance Ltd. Jamshedpur, East Singhbhum
4. Sri Shyam Singh
Respondents.
with
W. P. (C) No. 4264 of 2014
Amarjeet Kumar...
..... Petitioner
Versus
1. The State of Jharkhand through its
Secretary, Department of Transport, Ranchi
2. The District Transport Officer, Dumka
3. Tata Motors Finance Ltd. Jamshedpur, East Singhbhum
4. Sri Saroj Kumar Jaiswal
Respondents.
with
W. P. (C) No. 4268 of 2014
Vinay Kumar Singh @ Vinay Singh
..... Petitioner
Versus
1. The State of Jharkhand through its
Secretary, Department of Transport, Ranchi
2. The District Transport Officer, Dumka
3. Tata Motors Finance Ltd. Jamshedpur, East Singhbhum
4. Sri Kulwant Singh
Respondents.
with
W. P. (C) No. 4269 of 2014
Vinay Kumar Singh @ Vinay Singh
..... Petitioner
Versus
1. The State of Jharkhand through its
Secretary, Department of Transport, Ranchi
2. The District Transport Oficer, Dumka
3. Tata Motors Finance Ltd. Jamshedpur, East Singhbhum
4. Sri Saroj Kumar Jaiswal
Respondents.
with
W. P. (C) No. 4270 of 2014
Sumit Kumar...
..... Petitioner
Versus
1. The State of Jharkhand through its
Secretary, Department of Transport, Ranchi
2. The District Transport Oficer, Dumka
3. Tata Motors Finance Ltd. Jamshedpur, East Singhbhum
4. Sri Saurav Saraf
Respondents.
with
W. P. (C) No. 4276 of 2014
Mamta Raj...
..... Petitioner
Versus
1. The State of Jharkhand through its
Secretary, Department of Transport, Ranchi
2. The District Transport Oficer, Dumka
3. Tata Motors Finance Ltd. Jamshedpur, East Singhbhum
4. Sri Saurav Saraf
Respondents.
2.
CORAM: HON’BLE MR. JUSTICE APARESH KUMAR SINGH
For the Petitioners
: Mr. Harshvardhan, Adv. (In all these cases)
For the Respondents
: J. C. to G.A. ( W.P.(C) No. 4263/14)
J.C. to S.C.III ( W.P.(C) No. 4264/14)
J.C. to Sr. S.C.I ( W.P.(C) No. 4268/14)
M/s. Himanshu Kr. Mehta, A.A.G
& Shrad Kaushal, J.C. to A.A.G ( W.P.(C) No. 4269/14 &
4276/14)
J. C. to A.A.G ( W.P.(C) No. 4270/14)
2/14.03.2016 Heard learned counsel for the parties.
All these writ petitioners essentially seek decision on their
representations before District Transport Officer, Dumka in relation to tax
liability on individual vehicles, which they had purchased on finance
through RespondentTata Motors Finance Ltd. For failure to pay the road
tax liability, the respondent authorities of State initiated public demand
recovery proceeding under Bihar & Orissa (now Jharkhand) Public
Demand Recovery Act, 1914.
It is also evident from the submission of learned counsel for the
petitioners and RespondentTata Motors Finance Ltd. that the vehicles
were repossessed for failure to pay the E.M.I pursuant to hypothecation
agreement. The matter relating to recovery is now pending before
Appellate Forum i.e., Deputy Commissioner, Dumka where the parties are
agitating. Fixation of tax liability, as sought for, by the petitioners herein
and cancellation of registration of their vehicles earlier registered in their
names from the date of seizure by the Financer are issues which at this
stage cannot be gone into. They are dependent upon outcome of recovery
proceeding pending in appeal.
In such circumstances, having considered the rival pleas of the
parties and the affidavit filed in three connected cases by the State
authorities, it would only be proper to observe at this stage that
petitioners are at liberty to make the instant prayer before competent
authority/District Transport Officer, Dumka dependent upon outcome of
the pendin
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