Writ jurisdiction cannot compel the transmission of time-barred Vehicle Check Reports; administrative inaction does not create an indefeasible right against statutory limitations.

JUDGMENT :

Sanjeeb K Panigrahi, J.

1. Since the issues raised in all the Writ Petitions referred to above involve common questions of fact and law, those were heard analogously and are being disposed of by this common judgment. For the sake of convenience and effective adjudication, W.P.(C) No.26766 of 2025 is treated as the lead case.

2. In W.P.(C) No.26766 of 2025, the Petitioner challenges the action of the Opposite Party No.2/ State Transport Authority (STA), Odisha, Cuttack in not transmitting the VCRs against the Vehicle No.OD-04-R-2027 to the court of the learned J.M.F.C. (Transport), Cuttack to dispose of the same as per law and keeping in view the judgment of this Court in Anjana Babulal Darabad –vrs.- Commissioner, STA and Ors., 2014 SCC Online Ori 652

I. FACTUAL MATRIX OF THE CASE

1. The brief facts of the case are as follows:

(i) The Petitioner is the registered owner of the vehicle bearing registration No.OD-04-R-2027 and sustaining his livelihood by plying the said vehicle. While the vehicle was plying on road, the V.C.Rs bearing ChallanN0.0R7148472231120013452 dated 18.11.2023 and bearing ChallanN0.0R7148472231207034769 dated 05.12.2023 are illegally issued against the Vehicle No-OD-04-R-2027 in violation of Section 192 of the M.V. Act imposing fine Rs.5,000/- and Rs.10,000/-only.

(ii) The Petitioner, through his learned Advocate, submitted a representation dated 15.09.2025 before Opposite Party No.2, praying for transmission of the relevant Vehicle Case Records (VCRs) to the Court of the learned J.M.F.C.(T), Cuttack. It is alleged that despite receipt of the said representation, Opposite Party No.2/State Transport Authority, Odisha, Cuttack, without assigning any reasons and without taking a decision thereon, has remained completely inactive. Such inaction has resulted in serious prejudice to the Petitioner, inasmuch as it has impeded the transfer of ownership of the vehicle. The Petitioner has, therefore, invoked the extraordinary jurisdiction of this Court under Articles 226 and 227 of the Constitution of India, seeking appropriate directions.

II. SUBMISSIONS ON BEHALF OF THE PETITIONER

2. Learned counsel for the Petitioner earnestly made the following submissions in support of his contentions:

(i) The Petitioner had no knowledge of the aforesaid Vehicle Check Reports (VCRs) at the time when he applied for transfer of ownership of the vehicle. It was only thereafter that the Petitioner came to know that certain challans pertaining to the said vehicle had been pending since the year 2023, on account of which the transfer of ownership could not be effected.

(ii) Contending that the aforesaid Vehicle Check Reports (VCRs) have been illegally drawn in respect of his vehicle, the Petitioner promptly submitted a representation/application dated 15th September, 2025 before the issuing authority, namely the State Transport Authority (STA), Cuttack, praying for transmission of the said VCRs to the Court of the learned J.M.F.C., Cuttack for disposal in accordance with law. It is alleged that despite receipt of the said representation, the concerned authority has failed to take any action thereon and has remained inactive, thereby causing continuing prejudice to the Petitioner.

(iii) It is further submitted that Rule 167 of the Central Motor Vehicles Rules, 1989 mandates that upon issuance of a challan, the issuing authority shall serve the same upon the registered owner of the vehicle either through physical means or by electronic communication, and shall take steps for its disposal within a period of ninety days. In the event the challan is not disposed of within the stipulated period, the Rule contemplates issuance of a reminder to the vehicle owner, followed by regulatory measures, i