RAJ KUMAR SINGH Vs. STATE OF U P

JUDGEMENT

(1.) The Petitioner is owner of two vehicles, being UP70-AT-5140 (Dumper) and DLI-GA-4431 (Dumper). According to the Petitioner, as his vehicles required major repairs, he submitted an application for surrender of the papers before the concerned authority on 30.6.2008 in respect of Vehicle No. DLI-GA-4431 and similarly in respect of vehicle No. UP70-AT-5140. After the repairs were carried out and the vehicles become fit for plying, the Petitioner made an application to the concerned Authority, vide application dated 14.3.2011 for releasing the papers, which had been surrendered.

(2.) According to the Petitioner, ARTO (Administration) passed an order to the effect that the papers of the vehicles shall be released only on the payment of additional tax plus penalty etc. The Respondents, in respect of Vehicle No. DLI-GA-4431 demanded a sum of Rs. 23,460/- plus penalty and in respect of Vehicle No. UP70-AT-5140, demanded the same sum plus penalty.

(3.) The demand as sought to be made is under the provisions of the U.P. Motor Vehicles Taxation Rules, 1998, the relevant provisions of which came into force w.e.f. 28th October, 2009. Therefore, according to the Petitioner, considering that he had surrendered the documents on 30.6.2008, it is wholly arbitrary and illegal and is liable to be set aside.