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IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) NO. 16607 of 2022

Subal Nayak

&.

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.

19.07.2022

1.

1.

This matter is taken up through hybrid mode.

2.

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-09-D-1191 (Goods carrier)

to the jurisdictional Magistrate for appropriate relief. He further

prays for a direction to the Regional Transport Officer,

Nabarangapur to consider his 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, 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 it

wants to contest the case. The Petitioner has not yet appeared

before the authority and made such prayer. After amendment of

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

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Challan/VCR amount is Rs.29,500/-, 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.

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.14,750/- (rupees fourteen thousand seven hundred

fifty only) before the R.T.O., Kendrapara-Opposite Party No.2

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.,

Kendrapara-Opposite Party 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.

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7.

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 and on removal of defects.

(K.R. Mohapatra)

Judge

s.s.satapathy