Manoj Kumar Jena v. R.T.O., Bbsr-I, Khurda

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No. 23019 of 2022 .....

Petitioner Manoj Kumar Jena Mr. Debabrata Das, Advocate -versusRTO, Bhubaneswar-1, Khordha ....

Opp. Party Mr. Pravakar Behera, Standing Counsel for Transport

CORAM:

JUSTICE K.R. MOHAPATRA

ORDER

Order No.

29.09.2022 1.

1.

This matter is taken up through hybrid mode.

2.

Grievance of the Petitioner in this writ petition is with regard to extension of the off-road period in respect of vehicle bearing registration No.OR-02-AT-5767.

3.

It is submitted by Mr. Das, learned counsel for the Petitioner that the vehicle of the Petitioner was declared offroad from 1st April, 2021 till 30th September, 2021. Petitioner has also made an application for extension of the off-road period following procedure of law. It is further submitted that the Petitioner has made online application as prevalent at the relevant time. But the RTO, Bhubaneswar-1 has not taken any decision on the same till date for which the Petitioner is not in a position to file application for further extension of off-road period.

4.

Mr. Behera, learned counsel for the Transport Department submits that he has no instruction in the matter, but it appears that the Annexure-2 with regard to declaration of off-

// 2 // road of the vehicle in question is doubtful. Further, application under Annexure-3 for extension of the off-road period is not in proper format. It is to be made through online. If the Petitioner claimed to have made online application, the same must have been considered by the concerned RTO. Petitioner, however, may appear before the RTO, Bhubaneswar-1 with the proof of filing of application in proper format so that the RTO will be in a position to consider it.

5.

In view of the submissions made by learned counsel for the parties, this Court, without expressing any opinion on merit of the case of the Petitioner, disposes of the writ petition with a direction that in the event the Petitioner approaches the RTO, Bhubaneswar-1 along with certified copy of this order and proof of making an application for extension of off-road in respect of vehicle bearing registration No. OR-02-AT-5767, the RTO shall do well to consider his case and communicate the decision thereof to the Petitioner within a period of four weeks therefrom.

Issue urgent certified copy of the order on proper application.

(K.R. Mohapatra) Judge s.s.satapathy