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Orissa High Court

The Orissa Minerals Development Co vs State Of Odisha And Another .... Opp. ... on 10 January, 2024

Author: K.R. Mohapatra

Bench: K.R. Mohapatra

Signature Not Verified
Digitally Signed
Signed by: MADHUSMITA SAHOO
Designation: Senior Stenographer
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 11-Jan-2024 12:53:14


                                                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                                                                 W.P.(C) No. 42301 OF 2023
                                               The Orissa Minerals Development Co. ....           Petitioner
                                               Ltd.(OMDC), Keonjhar
                                                                            Mr. Subham Sharma, Advocate
                                                                        -versus-
                                               State of Odisha and another             .... Opp. Parties
                                                                                     Mr. Pravakar Behera,
                                                                                         Standing Counsel
                                                                               (For Transport Department)

                                                     CORAM:
                                                     JUSTICE K.R. MOHAPATRA
                                                                      ORDER
                     Order No.                                       10.01.2024
                          1.              1.       This matter is taken up through hybrid mode.

2. The Petitioner in this writ petition prays for a direction to cancel the Registration Certificate in respect of the vehicle bearing Registration No.WMD-5687 and to waive MV tax and penalty of Rs.61,242/- imposed by the authority.

3. In course of hearing, Mr. Sharma, learned counsel for the Petitioner submits that the vehicle being more than fifteen years old, the Petitioner may be permitted to make an application under the Registered Vehicle Scrapping Facility (RVSF) Policy and prays for a direction for waiver of payment of MV tax, additional MV tax and penalty imposed thereon.

4. Mr. Behera, learned Standing Counsel for the Transport Department submits that the Petitioner if wants to make an application under the said RVSF Policy, he has to apply in proper format and in that event, the same shall be considered in accordance with law.

Page 1 of 2 Signature Not Verified // 2 // Digitally Signed Signed by: MADHUSMITA SAHOO

Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 11-Jan-2024 12:53:14

5. In view of the 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 the writ petition with a direction that if the Petitioner makes an application under the RVSF Policy in proper format within a period of two weeks hence along with requisite documents following due procedure, the same shall be considered in accordance with law as expeditiously as possible within a period of four weeks from submission of the application.

6. A copy of the writ petition along with a copy of this order shall be handed over to Mr. Behera, learned Standing Counsel for the Transport Department for communication and compliance.

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



                                                                             (K.R. Mohapatra)
             ms                                                                    Judge




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