1 WP.977-2011 acd FARAD CONTINUATION IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 977 OF 2011 Solapur Lorry Owners Association & Anr. ...Petitioners. Vs. State of Maharashtra & Ors. ...Respondents. --- Mr. N.V. Bandiwadekar, for the Petitioners. Mr. N.P. Deshpande, AGP for the Respondents. ---- CORAM: D.B. BHOSALE & U.D. SALVI, JJ. APRIL 27, 2011. P.C.: 1. Heard learned Counsel for the parties. 2. In this Petition, the Petitioner has made the following prayers:- "(b) By a suitable writ, order or direction, this Hon’ble Court be pleased to hold and declare that the Respondents are not entitled to recover the arrears of professional tax from the members of the Petitioner No. 1 association, the amount or professional tax for the period of prior to 03.11.2006 or 22.05.2007 for the purpose of renewal of their permits of their vehicles 2 WP.977-2011 and also for issuing the Fitness Certificate, Transfer Certificate etc in respect of their vehicles. (c) By a suitable writ, order or direction, this Hon’ble Court be pleased to direct the Respondent Nos.2 and 3 to renew the permits of the vehicles of the members of the Petitioner No.1 association and also issue the Fitness Certificate, Transfer Certificate etc after recovering from such vehicle owners, the amount of professional tax together with arrears only from 03.11.2006 or 22.05.2007 and without insisting payment of arrears of professional tax prior to the said date.” 3. This Court on 18th March, 2011 passed the following Order: “1. The learned Counsel Mr. Bandiwadekar for the petitioner after taking instructions from the Secretary of the Petitioners’ Association, makes a statement that the principal amount in respect of professional tax will be paid to the RTO within a period of 4 weeks from today. Said amount be deposited with the concerned Authority and after depositing the said amount the petitioners may produce necessary proof regarding such payment. In case any of the members of the association pays principal amount of his professional tax to the RTO authority, the authority may renew his permit on merits 3 WP.977-2011 without prejudice to their rights and contentions and if ultimately any additional amount is required to be paid by the concerned petitioners, Court will consider that aspect on the next date of hearing. The issue of payment of penalty and interest will also be decided on the next date of hearing. Adjourned to 27th April, 2011.” 4. Today Mr. Bandiwadekar, learned Counsel for the Petitioners, on instructions from the Secretary of Petitioner-Association, which represents 21 members named in the affidavit dated 14th February, 2011, submits that if these members are allowed to pay the amount of interest and penalty within a period of three months from the date of renewal of their permits, he has instructions not to press the Petition. 5. In view of the statement made by Mr. Bandiwadekar and considering the order dated 18th March, 2011, we are satisfied that this Petition can be conveniently disposed of by the following order: If the principal amount of professional tax is paid by the 21 members of the Petitioner-Association, Respondent Nos.2 and 3 shall renew their permits in accordance with law, subject to other eligibility conditions being fulfilled. They shall further deposit the penalty and interest, as due, within a period of three months from the date of renewal of their permits. If they 4 WP.977-2011 fail to make payment of the penalty and interest, their permits shall stand automatically cancelled and in that event Respondent Nos.2 and 3 will be entitled to take action, if any, against all such members (out of the 21 members) of the Petitioner-Association in accordance with law. 6. With these observations, the Writ Petition is disposed of. (U. D. SALVI,J.) (D.B. BHOSALE,J)