Nanda Kishore Mohanty v. The Transport Commnr.-Cum-Chairman,Sta,Cuttack

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C). No.12813 of 2022 Nanda Kishore Mohanty ....

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

3.

The grievance of the Petitioner in this case is that though he has made an application dated 12th May, 2022, vide Annexure-2 Series, for cancellation of registration certificate of the vehicle bearing registration number OR-04-H-5286 to the Opposite Party No.2-Regional Transport Officer, Chandikhole, 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.2Regional Transport Officer, Chandikhole to act on his such application for cancellation of such certificate, notwithstanding

// 2 // the pendency of any tax and penalty inasmuch as the instruction as above is very clear.

4.

Mr Pravakar 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.

5.

Considering the same, this writ petition is disposed of with a direction to the Opposite Party No.2-Regional Transport Officer, Chandikhole to take a decision on the application of the Petitioner, vide Annexure-2 Series, for cancellation of registration certificate of the vehicle bearing registration number OR-04-H-5286 in the light of the instruction of the Transport Commissioner, Odisha, vide Annexure-1, within three weeks hence.

6.

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

(S. Pujahari) Judge DA