Submission of 50% fine payment allows for contesting the case in court.

01. 1. This matter is taken up through hybrid arrangement.

2. In filing this Writ Petition, the Petitioner has sought for a direction from this Court to the RTO, BBSR- 1/Opposite Party to accept 50% of the fine amount for the vehicle bearing Registration No. OD-02S-2033 (Tipper).

3. Mr. Pravakar Behera, learned Standing Counsel for Transport Department submits that in view of Sections 194 and 192 (A) of the Motor Vehicles Act, 1988 , the Petitioner is required to appear before the Authority, who has issued the VCR and pray for transmission of the record to the jurisdictional Magistrate, if he wants to contest the case. The Petitioner has not yet appeared Signature Not Verifiedbefore the authority and made such prayer. Since the Digitally Signed Page 1 of 3.

Signed by: GITANJALI NAYAK Challan/VCR amount in total is Rs.54,660/- (Rupees Fifty Four Thousand Six Hundred Sixty Only), the Petitioner may be directed to deposit 50% of the same and contest the case before the jurisdictional Magistrate. Hence, he prays that the Petitioner is required to produce the driving license in original of the driver of the offending vehicle for taking appropriate action.

4. Taking into consideration the submissions of learned counsel for the parties, this Court directs that without prejudice to the case of either parties, in the event the Petitioner deposits 50% of the VCR/Challan amount before the concerned R.T.O. along with driving license of the driver of the offending vehicle, the eChallan/VCR shall be transmitted to the jurisdictional Magistrate for adjudication in accordance with law, if not already transmitted It is made clear that such deposit, if made, as directed above, shall be subject to the result of the adjudication to be made by the jurisdictional Magistrate.

5. So far as issuance of fitness certificate and permit is concerned, the Petitioner may apply for the same before the concerned R.T.O. by filing necessary application, which shall be considered in accordance with law.

Signature Not Verified Digitally Signed Page 2 of 3.

Signed by: GITANJALI NAYAK

6. With the aforesaid observation and direction, the Writ Petition is disposed of.