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IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) NO. 35215 OF 2022

Rabindranath Mohanty

….

Petitioner

Mr. Subash Chandra Pani, Advocate

-versus-

State of Odisha and another

….

Opp. Parties

Mr. Pravakar Behera, Standing Counsel

(For Transport Department)

CORAM:

JUSTICE K.R. MOHAPATRA

ORDER

Order No.

21.12.2022

1.

1.

This matter is taken up through hybrid mode.

2.

The Petitioner in this writ petition prays for a direction

to send the e-Challan/VCR dated 15^th December, 2022 in

respect of the vehicle bearing Registration No.OR-05-AB-5557

(Pickup) to the jurisdictional Magistrate for appropriate relief.

He further prays for a direction to the Regional Transport

Officer, Chandikhole 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 he

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.44,960/-, the Petitioner 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 Hon’ble 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.22,480/- (Rupees twenty-two thousand four hundred

eighty only) before the R.T.O., Chandikhole-Opposite Party

No.2 along with driving license of the driver of the offending

vehicle, the vehicle bearing Registration No.OR-05-AB-5557

(Pickup) shall be released in favour of the Petitioner and e-

Challan/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 to the R.T.O.,

Chandikhole-Opposite

Party

No.2

by

filing

necessary

application, which shall be considered in accordance with law.

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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

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

bks