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BISWAJIT MOHANTY
IRC Natural Resources Private Ltd. – Appellant
Versus
State of Orissa – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Sanjit Mohanty, Sr. Advocate, N.C. Sahoo, S.P. Panda, P.K. Muduli, R.R. Swain and S. Pattnaik, Adv.
For the Respondents: Bigyan Kumar Sharma, adv

ORDER :

Biswajit Mohanty, J.

1. This writ application has been filed by the petitioner praying for quashing of the order dated 6.12.2007 under Annexure-3 by which the Regional Transport Officer, Sambalpur (opp. party No. 2) has directed the petitioner in its earlier form to deposit a fine of Rs. 13,46,80,527/- as the vehicles used by it were overloaded during the period April 2007 to July, 2007.

2. The petitioner was earlier known as M/s. Avian Overseas Pvt. Ltd. The case of the petitioner is that it operated a number of trailers transporting coals from different coal mines. A show cause was issued to the petitioner in its earlier form on 29.8.2007 vide Annexure-1 under Section 53 of the Motor Vehicles Act, 1988, for short “the Act” as to why the Registration Certificates of 14 vehicles belonging to it, whose details were indicated therein should not be suspended for carrying over load. After receipt of the above noted show cause under Annexure-1, the petitioner in its earlier form submitted a petition before opp. party No. 2 praying for grant of time to submit the reply. Accordingly, on 14.9.2007 vide Annexure-2, time was granted time till 20.9.2007 for filing reply. Since the petiti






























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