Nrusinghanath Sahoo v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) NO. 31961 OF 2022 Nrusinghanath Sahoo ....

Petitioner Mr. Arjuna Charana Behera, Advocate -versusState of Odisha and others ....

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

CORAM:

JUSTICE K.R. MOHAPATRA

ORDER

Order No.

01.12.2022 1.

1.

This matter is taken up through hybrid mode.

2.

The Petitioner in this writ petition prays for a direction to send the e-Challan/VCR dated 26th November, 2021 in respect of the vehicle bearing Registration No.OR-02-AJ-1181 (TATA-709) to the jurisdictional Magistrate for appropriate relief. He further prays for a direction to the Regional Transport Officer, Cuttack to consider his case for issuance of fitness certificate and permit.

3.

Mr. Behera, learned Standing Counsel for Transport Department submits that in view of Section 194 of the Motor Vehicles Act, 1988, the Petitioner is required to appear before the Authority, who has issued the VCR and pray for transmission of the record to the jurisdictional Magistrate, if he wants to contest the case. The Petitioner has not yet appeared before the authority and made such prayer. After amendment of the MV Act, 1988, overloading is being treated rigidly. Since the

// 2 // Challan/VCR amount is Rs.38,720/-, the Petitioner may be directed to deposit 50% of the same and contest the case before the jurisdictional Magistrate. He further submits that in view of the Road Safety Committee constituted by the Hon'ble Supreme Court, the driving license of the driver of the offending vehicle is liable to be suspended. Hence, he prays that the Petitioner is required to produce the driving license in original of the driver of the offending vehicle for taking appropriate action. 4.

Taking into consideration the submissions of learned counsel for the parties, this Court directs that without prejudice to the case of either parties, in the event the Petitioner deposits a sum of Rs.19,360/- (Rupees nineteen thousand three hundred sixty only) before the R.T.O., Cuttack-Opposite Party No.3 along with driving license of the driver of the offending vehicle and on deposit being made, the e-Challan/VCR shall be transmitted to the jurisdictional Magistrate for adjudication in accordance with law. It is made clear that such deposit, if made, as directed above, shall be subject to the result of the adjudication to be made by the jurisdictional Magistrate. 5.

So far as issuance of fitness certificate and permit is concerned, the Petitioner may apply for the same to the R.T.O., Cuttack-Opposite Party No.3 by filing necessary application, which shall be considered in accordance with law. 6.

This order is subject to the condition that e-Challan/VCR is still pending with the R.T.O., Cuttack-Opposite Party No.3.

// 3 // 7.

The original documents except driving license shall be released in favour of the Petitioner on payment of the aforesaid e-Challan/VCR amount, as directed.

8.

With the aforesaid observation and direction, the writ petition is disposed of.

9.

A copy of the writ petition along with a copy of this order shall be served on Mr. Behera, learned Standing Counsel for Transport Department for onward communication to the Opposite Party.

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

(K.R. Mohapatra) Judge bks