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IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) NO. 16323 of 2022

Basanta Sahoo

&.

Petitioner

Mr. Braja Mohan Sarangi, Advocate

-versus-

R.T.O., Barbil

&.

Opp. Party

Mr. Pravakar Behera,

Standing Counsel

CORAM:

JUSTICE K.R. MOHAPATRA

ORDER

Order No.

06.07.2022

1.

1.

This matter is taken up through hybrid mode.

2.

Mr. Sarangi, learned counsel for the Petitioner removed

the defect by depositing the Advocate Welfare stamp and

produces the receipt thereof.

3.

Petitioner in this writ petition prays for a direction to

send the Challan/VCR dated 7^th January, 2022 in respect of the

vehicle bearing registration No.OD-09-K-0217 (Truck) to the

jurisdictional Magistrate for appropriate relief. He further prays

for a direction to the Regional Transport Officer, Barbil to

consider his case for issuance of fitness certificate and permit.

4.

Mr. Behera, learned Standing Counsel for Transport

Department submits that in view of Section 194 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

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before the authority and made such prayer. After amendment of

the MV Act, 1988, overloading is being treated rigidly. Since the

Challan/VCR amount is Rs.43,500/-, the Petitioner may be

directed to deposit 50% of the same and contest the case before

the jurisdictional Magistrate. Mr. Behera, learned Standing

Counsel for Transport further submits that in view of the Road

Safety Committee constituted by the Hon9ble Supreme Court,

the driving license of the driver of the offending vehicle is liable

to be suspended. 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.

5.

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 a

sum of Rs.21,750/- (rupees twenty-one thousand seven hundred

fifty only) before the R.T.O., Barbil-Opposite Party along with

driving license of the driver of the offending vehicle and on

deposit being made, the Challan/VCR shall be transmitted to the

jurisdictional Magistrate for adjudication in accordance with

law. 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.

6.

So far as issuance of fitness certificate and permit is

concerned, the Petitioner may apply for the same to the R.T.O.,

Barbil-Opposite Party by filing necessary application, which

shall be considered in accordance with law.

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7.

With the aforesaid observation and direction, the writ

petition is disposed of.

8.

A copy of the writ petition along with a copy of this

order shall be served on Mr. Behera, learned Standing Counsel

for Transport Department for onward communication to the

Opposite Party.

Urgent certified copy of this order be granted on proper

application.

(K.R. Mohapatra)

Judge

s.s.satapathy