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IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) NO. 16605 of 2022

Ipshita Pujari

&.

Petitioner

Mr. Kapila Charan Nayak, Advocate

-versus-

State of Odisha and others

&.

Opp. Parties

Mr. Pravakar Behera, Standing Counsel

(For Transport Department)

CORAM:

JUSTICE K.R. MOHAPATRA

ORDER

Order No.

14.07.2022

1.

1.

This matter is taken up through hybrid mode.

2.

The Petitioner in this writ petition prays for a direction

to send the Challan/VCR dated 10^th April, 2021 in respect of the

vehicle bearing registration No.OR-04-E-5074 (Truck) to the

jurisdictional Magistrate for appropriate relief. He further prays

for a direction to the Regional Transport Officer, Chandikhole

to consider her case for issuance of fitness certificate and

permit.

3.

Mr. Behera, learned Standing Counsel for Transport

Department submits that in view of Section 194 of the Motor

Vehicles Act, 1988 (for short 8the Act9), 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 before the authority and made such prayer. After

amendment of the Act, overloading is being treated rigidly.

Since the Challan/VCR amount is Rs.31,500/-, the Petitioner

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may be directed to deposit 50% of the same and contest the case

before the jurisdictional Magistrate. He 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.

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 a

sum of Rs.15,750/- (Rupees fifteen thousand seven hundred fifty

only) before the R.T.O., Chandikhole-Opposite Party No.3 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.

5.

So far as issuance of fitness certificate and permit is

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

Chandikhole-Opposite

Party

No.3

by

filing

necessary

application, which shall be considered in accordance with law.

6.

With the aforesaid observation and direction, the writ

petition is disposed of.

7.

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

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

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for Transport Department for onward communication to the

Opposite Parties.

Urgent certified copy of this order be granted on proper

application.

(K.R. Mohapatra)

Judge

bks

s.s.satapathy