My understanding of the paragraph quoted by you is that High Court is of the opinion that some lower Official wrongly interpreted the act and imposed life tax on vehicle from other state, powers for which were not bestowed on the RTA Department. When lower official errs, it is the responsibility of their higher ups to hear the complaint from the public and give a proper ruling and instruct their subordinates properly. It is not that for every mistake committed by lower down the line, public is compelled to go to Court and there is no remedy to it within the Department.
Therefore, it is an internal matter for the RTA and as far as public is concerned, they are not empowered to impose life tax on vehicles from other State. You can file case without waiting for the Department to complete their internal proceedings. Its a different matter how long it will take the case to come to Judgement,considering the too many number of litigations some of which created by overzealous Officials with their overaction.
Before filing a case, please enquire whether there are separate courts to hear RTA related cases as there are separate Courts to hear family matters, Rent issues etc. so that hopefully the case comes for Judgement relatively earlier.
I have read the conversation between both of you and am in a similar situation where the RTA official is asking me to pay LTT for a 9 year old vehicle which is turning out to be approx. Rs. 1,34,000+ which is more than the initial road tax of Rs. 1,01000+
My initial understanding was I would need to pay for the rest of the 6 years which and not for the complete 15yrs term which am assuming it is for the amount being charged.
Now, how do I proceed forward? My car is currently Maharastra registered and now am in Telangana state.
I did read the judgement and it is pertaining to a particular case. It is not generalising for all such cases of out station vehicles unless my understanding/interpretation is wrong.
In this order, court has clearly said that there is no provision in the motor vehicle act that says life time tax should be collected from other state vehicles. In fact they cancelled the GO made for to collect life time tax by telangana govt. When this order is there how come RTO asked you to pay RT? Did you show this copy to the concerned official?
similiarly karnataka High court also quashed motor vehicle amendment rules in 2015 and a appeal is pending in supreme court
Meanwhile people (around 190) out side the karnataka who have paid life time tax before quashing of amendment has applied for refund before concerned R T O's pending these application Karnataka govt approached supreme cort seeking permission to not to entertain these application seeking refund recently
Hoble supreme court yesterday rejected the govt application and ordered the refund of lifetime tax so collected subject to result of govt appeal in the supreme court ( with an undertaking from applicants for repayment of tax in case govt appeal succeed..
Now in view of this situation iam unable to find next course of action i need to take in respect of my refund before telanagana Govt
Because i dont know whether any appeal is pending in supreme court in respect of Andhra pradesh H C judgement too