Abhishek Subas Mishra v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C). No.11610 of 2022 Sri Abhishek Subas Mishra ....

Petitioner -versus- State of Orissa and another ....

Opposite Parties CORAM : JUSTICE S.PUJAHARI

ORDER

20.05.2022 01.

1.

This matter is taken up through hybrid mode.

Order No.

2.

Heard the leaned counsel for the parties.

3.

The grievance of the Petitioner is that he has been imposed penalty without giving him any show cause notice and the Opposite Party No.2-Regional Transport Officer, Bargarh did not accept the M.V. Tax in respect of the vehicle bearing Registration No.OD-17P-3933.

4.

Considering the limited grievance of the Petitioner, so also in view of the settled position of law that penalty cannot be imposed without giving any show cause notice, decided in the case of Sujit Kumar Dhir and others -vrs.- Regional Transport Office, Keonjhar and others, reported in 2014 (II) OLR 1070, this Court directs the Opposite Party No.2-Regional Transport Officer, Bargarh to accept the M.V. Tax from the

// 2 // Petitioner. But, so far as the imposition of penalty is concerned, the Opposite Party No.2-Regional Transport Officer, Bargarh shall ask the Petitioner for a show cause and after filing such show cause, the same shall be disposed of in the manner known to law with regard to the liability of penalty to be imposed on the Petitioner.

5.

However, it is made clear that if the case of the Petitioner is squarely covered by the decision of this Court in the case of Sujit Kumar Dhir (supra), the authority concerned shall act on the same accordingly.

6.

With the aforesaid order, this writ petition stands disposed of.

7.

Urgent certified copy of this order be granted on proper application.

(S. Pujahari) Judge DA