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IN THE HIGH COURT OF ORISSA AT CUTTACK
B.P.ROUTRAY
Ashok Kumar Swain – Appellant
Versus
State of Odisha – Respondent
Judgment :
B.P. Routray,J.
1. Heard Mr. A.K.Pandey, learned counsel for the Petitioners, Mr. P.Behera, learned counsel for Transport Authorities and Mr. U.R.Jena, learned AGA for State-Opposite Parties.
2. All the Petitioners are the owners of different vehicles, i.e. Hyva bearing respective registration numbers. The common case of the Petitioners is that the registration certificate of those vehicles have been suspended till 31st March 2026 in exercise in the power under Section 53 (1)(b) of the Motor Vehicles Act, 1998.
3. Mr. Pandey, learned counsel for the Petitioners submit that the allegations levelled against the vehicles are that they all were transporting illegal sand from Kilipal Sairat Source in the District of Jagatsinghpur. As such, Tirtol P.S. Case No.0605 has been registered alleging commission of offences under Section 51(1) of the Odisha Minor Mineral Concession Rules, 2016, Section 12 of the Odisha Minerals (Prevention of Theft Smuggling and Other Unlawful Activities) Act, 1988, Section 303 (2)/ 317(2)/ 112/ 326(b)/ 3(5) of BNS and Section 31(A)/ 33(A) of the AIR (Prevention and Control of Pollution) Act, 1981. In total 46 numbers of Hyva vehicles and three excavator
Registration certificates cannot be suspended under Section 53(1)(b) of the M.V. Act where the vehicle permits are valid at the time of seizure, and allegations of illegal use do not suffice.
The suspension of vehicle registration certificates under Section 53 of the Motor Vehicles Act is unlawful if the vehicles have valid permits at the time of seizure, regardless of allegations of ille....
The court affirmed that any registering authority can suspend vehicle registration under the Motor Vehicles Act if there are contraventions, regardless of geographical registration.
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