Chitta Ranjan Tiwari v. R.T.O.,Chandikhole

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.13832 of 2022 Chitta Ranjan Tiwari ....

Petitioner Mr. Braja Mohan Sarangi, Advocate -versusRTO, Chandikhole ....

Opp.party Mr. Pravakar Behera, Standing Counsel (Transport)

CORAM:

JUSTICE M.S.SAHOO

ORDER

02.06.2022 1.

1. This matter is taken up through hybrid mode. Order No.

2. Heard learned counsel for the parties.

3. The grievance of the petitioner is that he has been imposed penalty without giving any show cause notice and the opposite party did not accept the M.V. Tax in respect of the vehicle bearing Registration No.OD35A 7447 (Tipper).

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-v. Regional Transport Office, Keonjhar and others, reported in 2014 (II) OLR 1070, this Court direct the opposite party to accept the M.V. Tax from the petitioner. But, so far as the imposition of penalty is concerned, the

// 2 // opposite party 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 it is found by the authority that 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.

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M.S.Sahoo Vacation Judge Gs