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Allahabad High Court

APARNA CHAUDHARYversusSTATE OF U.P. AND 2 OTHERS

Decided

Holding

The court held that the petitioner is entitled to a refund of the road tax paid for the vehicle, as it falls within the categories exempted by the Government’s decision, but no interest is payable.

Summary

The petitioner filed a writ petition seeking a refund of road tax paid for a vehicle (Regn. No. UP27‑BM‑4035) after the Government, on 28 June 2024, announced exemption from road tax for various hybrid electric vehicles. The court examined whether the petitioner was entitled to a refund of the tax already paid and whether interest should be awarded. Relying on the Government’s exemption order, the court concluded that the tax paid was indeed exemptible and directed the respondents to refund the amount. However, the court held that no interest would be payable on the refunded sum. The petition was consequently disposed of with the refund direction.

Issues considered

  • Whether the petitioner is entitled to a refund of road tax paid for a vehicle now covered by the Government’s hybrid electric vehicle exemption.
  • Whether interest is payable on the refunded amount.

Subjects

  • road tax
  • hybrid electric vehicle
  • tax exemption
  • refund
  • interest
  • writ petition

Judgment

                                                HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                             WRIT TAX No. - 3693 of 2026

                                    Aparna Chaudhary
                                                                                                     .....Petitioner(s)
                                                                        Versus

                                    State Of U.P. And 2 Others
                                                                                                .....Respondent(s)

                                    Counsel for Petitioner(s)                        :    Ashutosh Gupta
                                    Counsel for Respondent(s)                        :    C.S.C.

                                    Court No. - 39
                                                     HON'BLE SAUMITRA DAYAL SINGH, J.
                                                     HON'BLE SWARUPAMA CHATURVEDI, J.

                                    1. Learned Standing Counsel submits that the Government has taken a
                                    decision on June 28, 2024 to grant exemption from road tax to Hybrid
                                    electric vehicles, Strong hybrid electric vehicle, Plug-in hybrid electric
                                    vehicle, Series hybrid electric vehicle and Series parallel hybrid electric
                                    vehicle.

                                    2. In light of the same, it is clear that amount paid by the petitioner for road
                                    tax with respect to vehicle bearing registration No. UP27-BM-4035 was
                                    exempted.

                                    3. Accordingly, respondent authorities are directed to refund the amount paid
                                    by the petitioner within a period of six weeks from date.

                                    4. We make it clear that no interest shall be payable to the petitioner on the
                                    said amount.

                                    5. With the above direction, the writ petition is disposed of.

                                    6. Sri Arvind Kumar Mishra, learned Standing Counsel has appeared for the
                                    State respondents.



                                                   (Swarupama Chaturvedi,J.) (Saumitra Dayal Singh,J.)
                                    September 9, 2026
                                    #Vikram/-




Digitally signed by :-
VIKRAM GUPTA
High Court of Judicature at Allahabad


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