LAWS(KAR)-2012-11-198

KARNATAKA STATE INDUSTRIAL AND INFRASTRUCTURE DEVELOPMENT CORPORATION LTD. BY ITS MANAGER, KHANIJA BHAVAN NO. 49, 4TH FLOOR, EAST WING RACE COURSE ROAD BANGALORE-560 001 Vs. JOINT COMMISSIONER FOR TRANSPORT (BANGALORE URBAN AND RURAL) SIR M.V. T

Decided On November 27, 2012
Karnataka State Industrial And Infrastructure Development Corporation Ltd. By Its Manager, Khanija Bhavan No. 49, 4Th Floor, East Wing Race Course Road Bangalore -560 001 Appellant
V/S
Joint Commissioner For Transport (Bangalore Urban And Rural) Sir M.V. T Respondents

JUDGEMENT

(1.) LEARNED Counsel appearing for the petitioner submits that the petitioner will pay tax to respondent No. 2 as per the impugned orders less the amount already paid, He submits that the writ petitions may be disposed of by giving liberty to the petitioner to apply to respondent No. 2 for refund of tax as provided under Section 7 of Karnataka Motor Vehicles Taxation Act, 1957 ('the Act' for short) and also for permission to dispose of the four vehicles in question. Learned Additional Government Advocate appearing for respondent Nos. 1 and 2 submits that he has no objection for disposal of the writ petitions as sought for by the learned Counsel for the petitioner.

(2.) IN view of the above, I make the following order: (i) the petitioner shall pay tax as per the impugned orders and the petitioner is at liberty to apply for refund of tax as provided under Section 7 of the Act; (ii) the petitioner is also at liberty to apply to respondent No. 2 for permission to dispose of the four heavy passenger vehicles in question; if such an application is made, respondent No. 2 shall consider the same in accordance with law as expeditiously as possible in view of the urgency pleaded. The writ petitions stand disposed of in the above terms. In view of disposal of the writ petitions, I.A.No. 2/2012 filed for a certain direction does not survive for consideration; it stands disposed of accordingly. Petitions disposed of.