Debendra Nath Bhoi v. Transport Commnr.Cum Chairman, Sta, Cuttack

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.6939 of 2022 Debendra Nath Bhoi ....

Petitioner(s) Mr.S.C.Pani, Advocate -versusThe Transport Commissioner-CumChairman, STA, Odisha, Cuttack & Anr.

....

Opposite Party(s) Mr. P. Behera, Standing Counsel

CORAM:

JUSTICE BISWANATH RATH

ORDER

17.03.2022 Order No.

01.

1.

Heard.

2.

The grievance of the petitioner in this case is that though she has made an application dated 19th February, 2022 vide Annexure-2 Series for cancellation of Registration Certificate of the vehicle bearing No.OR-05-F-2812 (Goods Carrier) to the Opposite Party No.2Regional Transport Officer, Cuttack, 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-A. Hence, she has filed this writ petition seeking a direction to the Opposite Party No.2Regional Transport Officer, Cuttack to act on her such application for cancellation of such certificate, notwithstanding the pendency of any tax and penalty inasmuch as the instruction as above is very clear.

// 2 // 3.

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 certificate of the vehicle. 4.

Considering the same, this writ petition is disposed with a direction to the Opposite Party No.2- Regional Transport Officer, Cuttack to take a decision on the application of the petitioner at Annexure-2 Series for cancellation of Registration Certificate of the vehicle bearing No. OR-05-F-2812(Goods Carrier) in the light of the instruction of the Transport Commissioner, Odisha vide Annexue-1 within two weeks hence.

(Biswanath Rath) Judge S.P. Dash