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2014 Supreme(Ori) 15

B.R.SARANGI
Anjana Babulal Darabad – Appellant
Versus
Commissioner – Respondent


Advocates:
Advocate Appeared:
For Appellant/Petitioner/Plaintiff: Bimal Pr. Tripathy, K.B. Mohanty, P.K. Sahoo, B.N. Swain, K.K. Samal, B.M. Sarangi, Ashok Kumar Apat, S.K. Barik, Gokulananda Padhi, P. Senapati, P.N. Swain, Subhendu Kumar Nayak, P.B. Mohanty, Sitansnu Mohan Singh, S. Nayak, Basanta Kumar Das, L. Behera, B.P. Satpathy, B.K. Nayak, A.K. Sahoo, S. Pradhan, D.R. Parida, Niranjan Lenka, A.K. Otta, M. Mohapatra, L. Sahu, N. Behera, Sukumar Debdas, M. Basu, M. Kanungo, Balakrishna Rao and R.K. Pattnaik
For Respondents/Defendant: Mr. J. Pal, Standing Counsel, Transport Department

Judgment

Dr. B.R. Sarangi, J.

1. In the above batch of writ petitions, the petitioners have challenged the Vehicle Checking Reports issued by the authorities under Motor Vehicles Act and the rules framed thereunder. Since common questions of facts and law are involved in these writ petitions, they have heard together and are disposed of by this common order. The fact leading to issuance of Vehicle Checking Reports against the owner/driver/conductor is that they have violated the conditions of Motor Vehicles Act, 1988 and Rules framed thereunder, in that there was want of Taxation, Permit, Fitness Certificate, Registration Certificate, Certificate from the Pollution Control Board, over-loading, unauthorized persons driving the vehicle, driving vehicles in contravention of Sections 3 or 4 of the Motor Vehicles Act, driving at excessive speed and driving by a drunken person or by a person under the influence of drugs. It is appropriate to mention here that for contravention of provisions of the M.V. Act and Rules framed there under, penalty has been prescribed under Chapter-XIII of the M.V. Act and procedure has also been envisaged under the said Act to work out its remedy. But instead







































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