Nitai Kumar Barik v. State Transport Authority, Cuttack

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.14719 OF 2022 Nitai Kumar Barik Petitioner Mr. Prasanta Kumar Nanda, Advocate -versusState Transport Authority, Cuttack and others ....

Opp. Parties Mr. Pravakar Behera, Standing Counsel

CORAM:

JUSTICE K.R. MOHAPATRA

ORDER

Order No.

24.06.2022 2.

1.

This matter is taken up through hybrid mode.

2.

The Petitioner in this writ petition seeks to assail the order dated 20th April, 2022 passed by the Collector, Cuttack in M.V. Appeal No.08 of 2022 and further prays for a direction for interim release of the vehicle bearing Registration No.WB-76-A6339 with immediate effect. 3.

At the outset, Mr. Nanda, learned counsel submits that the Petitioner has a remedy of revision under Section 19 of the Motor Vehicles Taxation Act, 1957 (for short 'the Act') and prays for withdrawal of the writ petition to enable him to file revision. He further submits that prayer for release of the vehicle may be considered.

4.

Mr. Behera, learned Standing Counsel for Transport Department submits that since the Petitioner has a remedy under Section 19 of the Act to prefer a revision, he may pray for interim release of the vehicle before the revisional authority, which can be considered in accordance with law.

// 2 // 5.

In view of the submissions made by learned counsel for the parties, this writ petition is disposed of as withdrawn with an observation that the Petitioner, if so advised, may file a revision under Section 19 of the Act along with an application for interim release of the vehicle before the revisional authority for consideration in accordance with law.

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

(K.R. Mohapatra) Judge bks