Susim Kanti Mohanty v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No. 18814 OF 2022 Susim Kanti Mohanty ....

Petitioner Mr. Lalit Kumar Maharana, Advocate -versusState of Odisha and others ....

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

CORAM:

JUSTICE K.R. MOHAPATRA

ORDER

Order No.

16.08.2022 I.A. No.10573 of 2022 2.

1.

This matter is taken up through hybrid mode.

2.

This is an application for modification of the order dated 29th July, 2022 by which the writ petition was disposed of. 3.

Mr. Maharana, learned counsel for the Petitioner submits that although this Court directed to transmit the case record to the Jurisdiction Magistrate on payment of 50% of the Challan/VCR amount i.e. Rs.10,750/-, but inadvertently direction for release of the vehicle was not issued. He, therefore, prays for a direction for modification of the said order by directing the Authority to release the vehicle on payment of 50% of the Challan/VCR amount i.e. Rs.10,750/-. 4.

Mr. Behera, learned Standing Counsel for the Transport Department although submits that the contention of learned counsel for the Petitioner is correct, but resisted the application submitting that the Petitioner can make such prayer for release of the vehicle before the competent authority.

// 2 // 5.

In view of the above, the I.A. is disposed of with a direction that on depositing a sum of Rs.10,750/- before the State Transport Authority along with an application for release of the vehicle bearing Registration No.OD-02-AP-5657 (Bus), the same shall be released in favour of the Petitioner. The rest of the direction made in the order dated 29th July, 2022 shall remain unaltered.

6.

The I.A. is accordingly disposed of.

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

(K.R. Mohapatra) Judge ms