ABDUL AZEEZ Vs. REGIONAL TRANSPORT OFFICER

JUDGEMENT

(1.) In these two Writ Petitions the two orders passed by the Deputy Commissioner for Transport, Bangalore Division, Bangalore, as per Annexures 'C' and 'D' are challenged.

(2.) The Writ Petitions arise out of (1) refusal to accept the surrender application; and (2) consequently the notice of demand issued as per Annexure-B. Two appeals were filed against the order and the demand notice before the Deputy Commissioner for Transport, Banglore, in Nos.TXA.32 and 31 of 1983-84, who also dismissed the appeals. Aggrieved by these orders these Writ Petitions are filed by the petitioner challenging them.

(3.) A goods vehicle bearing No. MDL 3344 met with an accident on 17-5-1982. On 20-6-1982 the petitioner surrendered all the documents and claimed exemption from the payment of tax for the period 1-6-1982 to 31-8-1982. Along with the surrender application the petitioner produced the tax paid receipt, Registration Certificate and the Insurance Certificate. It was mentioned in the surrender application that the tax card was seized by the Motor Vehicles Inspector, and parts of Annexures 'A' and 'B' of the permit was available in the office of the 1st respondent.