Sripati Dalabehera @ Dalbehera v. The Transport Commnr Cum Chairman,Sta,Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.6662 of 2022 Sripati Dalabehera @ Dalbehera ....

Petitioner -versusThe Transport Commissioner-cumChairman, STA, Odisha, Cuttack and another ....

Opposite Parties CORAM: JUSTICE S.PUJAHARI

ORDER

14.03.2022 01.

1.

This matter is taken up through hybrid mode.

Order No.

2.

Heard.

3.

The grievance of the Petitioner in this case is that though he has made an application dated 19th February, 2022 vide Annexure-2 Series for cancellation of Registration Certificate of the vehicle bearing No.OSC-1385 (Goods Carrier) to the Opposite Party No.2Regional Transport Officer, Angul, but no decision on the same has been taken in spite of the instruction of the Transport Commissioner, Odisha in his letter No.11010/TC dated 11th December, 2020 to all Regional Transport Officers vide Annexure-1. Hence, he has filed this writ petition seeking a direction to the Opposite Party No.2-Regional Transport Officer, Angul to act on his such application for cancellation

// 2 // of such certificate, notwithstanding the pendency of any tax and penalty inasmuch as the instruction as above is very clear. 4.

Mr. P. Behera, learned Standing Counsel appearing for the Transport Department submits that pendency of tax and penalty is no bar for cancellation of registration certification of the vehicle. 5.

Considering the same, this writ petition is disposed with a direction to the Opposite Party No.2-Regional Transport Officer, Angul to take a decision on the application of the Petitioner at Annexure-2 Series for cancellation of Registration Certificate of the vehicle bearing No.OSC-1385 (Goods Carrier) in the light of the instruction of the Transport Commissioner, Odisha vide Annexure-1 within two weeks hence.

(S.Pujahari) Judge DA