Orissa High Court
M/S. Ntc Logistics India Pvt. Ltd vs State Of Odisha And Others .... Opp. ... on 25 July, 2023
Author: K.R. Mohapatra
Bench: K.R. Mohapatra
Signature Not Verified
Digitally Signed
Signed by: MADHUSMITA SAHOO
Designation: Junior Stenographer
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 25-Jul-2023 19:10:14
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No. 9738 OF 2023
M/s. NTC Logistics India Pvt. Ltd., .... Petitioner
Bangalore
Ms. Soudamini Mahankuda, Advocate
-versus-
State of Odisha and others .... Opp. Party
Mr. Pravakar Behera,
Standing Counsel
(For Transport Department)
CORAM:
JUSTICE K.R. MOHAPATRA
ORDER
Order No. 25.07.2023
01. 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 4th March, 2023 (Annexure-2) in respect of the vehicle bearing Registration No.KA-01-AJ- 2962 (Goods Carrier) to the jurisdictional Magistrate for appropriate relief. He further prays for a direction to the Regional Transport Officer, Dhenkanal 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. Since the Challan/VCR amount is Rs.1,19,500/-, the Petitioner may be Page 1 of 2 // 2 // Signature Not Verified Digitally Signed Signed by: MADHUSMITA SAHOO Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 25-Jul-2023 19:10:14 directed to deposit 50% of the same and contest the case before the jurisdictional Magistrate. 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.59,750/- (Rupees fifty nine thousand seven hundred fifty only) before the R.T.O., Dhenkanal-Opposite Party No.2 along with driving license of the driver of the offending vehicle, the e-Challan/VCR shall be transmitted to the jurisdictional Magistrate for adjudication in accordance with law, if not already transmitted. 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., Dhenkanal-Opposite Party No.2 by filing necessary application, which shall be considered in accordance with law.
6. With the aforesaid observation and direction, the writ petition is disposed of.
Urgent certified copy of this order be granted on proper application.
(K.R. Mohapatra)
ms Judge
Page 2 of 2