M/S.Bisleri International Pvt. Ltd.,Bbsr v. The Transport Commnr.-Cum-Chairman, Sta, Cuttack
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No. 15182 OF 2022 M/s. Bisleri International Pvt. Ltd., Bhubaneswar Petitioner Mr. Sitansu Mohan Singh, Advocate -versusThe Transport Commissioner-cumChairman,State Transport Authority, Odisha and another ....
Opp. Parties Mr. Pravakar Behera, Standing Counsel (For Transport Department)
CORAM:
JUSTICE K.R. MOHAPATRA
ORDER
Order No.
23.06.2022 01.
1.
This matter is taken up through hybrid mode.
2.
The grievance of the Petitioner in this case is that though he has made an application dated 9th June, 2022 vide Annexure-2 for cancellation of Registration Certificate of the vehicle bearing No.OR-04-M-2280 (Mini Truck) to the Opposite Party No.2Regional 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.2- Regional Transport Officer, Chandikhole to act on his application for cancellation of such certificate, notwithstanding the pendency of any tax and penalty inasmuch as the instruction as above is very clear. 3.
Mr. Behera, learned Standing Counsel appearing for the Transport Department submits that pendency of tax and penalty
// 2 // 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, Chandikhole to take a decision on the application of the Petitioner at Annexure-2 for cancellation of Registration Certificate of the vehicle bearing No. OR-04-M-2280 (Mini Truck) in the light of the instruction of the Transport Commissioner, Odisha vide Annexue-1 within two weeks hence. Urgent certified copy of this order be granted on proper application.
(K.R. Mohapatra) Judge ms