Gopa Panda v. Appellate Authority Cum Chairman, Rta, Cuttack

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) NO. 17722 OF 2022 Gopa Panda .....

Petitioner Mr. Debabrata Das, Advocate -versusAppellate Authority-cum-Chairman, RTA, Cuttack and another ....

Opp. Parties Mr. Pravakar Behera, Standing Counsel, (For Transport Department)

CORAM:

JUSTICE K.R. MOHAPATRA

ORDER

Order No.

17.08.2022 02.

1.

This matter is taken up through hybrid mode.

2.

The Petitioner in this writ petition prays for a direction to drop T.R.C. No.185 of 2016, T.R.C. No. 101 of 2019 and Penalty Proceeding Case No.19 of 2019 as well as Penalty Proceeding Case No.20 of 2019 pending before the Chairman, RTA, Cuttack. 3.

In course of hearing, Mr. Das, learned counsel for the Petitioner submits that assailing the aforesaid proceedings, the Petitioner filed T.R.A. Nos.1 and 2 of 2022, which are pending before the Transport Commissioner, Odisha, Cuttack for consideration. In the said appeals, the Petitioner has also filed interim applications for release of the vehicles bearing Registration Nos.OD-01-Z-7567 and OD-05-B-7767. It is his submission that in the attachment proceeding, the vehicle bearing Registration No. OD-01-Z-7567 has been seized. Hence, the Petitioner has filed interim applications in the aforesaid appeals for release of the

// 2 // vehicles bearing Registration No. OD-01-Z-7567 (Bus) and OD-05B-7767. 4.

Mr. Behera, learned counsel for Transport Department submits that since the interim applications are pending before the Transport Commissioner, the same may be directed to be disposed of at an early date in accordance with law.

5.

Taking into consideration submissions made by learned counsel for the parties, this Court without expressing any opinion on the merits of the case of the Petitioner disposes of this writ petition with a direction to the Transport Commissioner, Odisha, CuttackOpposite Party No.3 to dispose of the interim applications filed in T.R.A. Nos.1 and 2 of 2022 for release of the vehicles in question in accordance with law as expeditiously as possible preferably within a period of two weeks from the date of production of certified copy of this order. The Opposite Party No.3 shall also make an endeavour to dispose of the aforesaid two appeals as expeditiously as possible preferably within a period of four weeks therefrom, giving opportunity of hearing to the parties concerned. Urgent certified copy of this order be granted on proper application.

(K.R. Mohapatra) Judge bks