p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.11661 of 2025 Sanatana Pradhan …. Petitioner(s) Mr. Sanjib Kumar Bhanjadeo, Adv. -versus- State of Orissa & Anr. …. Opposite Party(s) Mr. Pravakar Behera, SC for the Transport Department CORAM: HON’BLE DR. JUSTICE S.K. PANIGRAHI Order No. ORDER 01.05.2025 01. 1. This matter is taken up through hybrid arrangement. 2. In filing this Writ Petition, the Petitioner being the owner of the vehicle in question bearing Registration No.OR-04-E- 4357 has made the following prayer:- “xxx xxx xxx Direct to issue writ in the nature mandamus or any other writ applicable by directing to quash the penalty imposed by the Opp. Parties on 21.03.2025 vide Challan No.- OR161798250321155936 upon the vehicle of the petitioner bearing Registration No-OR-04-E-4357 Engine No- 697TC56EUZJ15751, Chassis No-373134EUZ118137 (Tipper) amounting of Rs.2,22,750/- for the commission of offences charged with (i) OMVT-3 (ii) U/s.-190(2) for violation of Air and Noise Pollution and (iii) U/s.-192(A) of using the vehicle without permit and (iv) U/s.-192 for using the vehicle without registration and fitness certificate, as deemed just and proper. And further direct the Opp. Parties to waive out the penalties amounting of Rs.2,22,750/- as mentioned above, as deemed just and proper. And further direct the opposite parties to issue permit and fitness certificate on the aforesaid vehicle by waiving the penalties amount of Rs.2,22,750/-.” 3. Heard learned counsel for the Parties. Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 07-May-2025 18:31:58 Signature Not Verified p. 2 4. Mr. Pravakar Behera, learned Standing Counsel for the Transport Department submits that due to violation of the provisions of the Motor Vehicles Act, 1988, the Petitioner is required to appear before the concerned 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 in total is Rs.2,22,750/-, the Petitioner may be directed to deposit 50% of the said amount and contest the case before the jurisdictional Magistrate. 4. Taking into consideration the submissions of learned counsel for the Parties, this Court without prejudice to the case of either of the parties directs that, in the event the Petitioner deposits 50% of the VCR amount i.e. Rs.1,11,375/- before the Opposite Party, 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 per the above order, 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 before the Opposite Party by filing necessary application which shall be considered in accordance with law. Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 07-May-2025 18:31:58 p. 3 6. This Writ Petition is, accordingly, disposed of. (Dr. S.K. Panigrahi) Judge Ayaskanta Designation: Personal Assistant