Extracted from the PDF above. The PDF is authoritative.
p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.14326 of 2025
Power Engineering Co., Bhubaneswar …. Petitioner(s) Mr. Bibhu Prasad Mohanty, Adv.
-versus-
State of Odisha & Anr. …. Opposite Party (s)
Mr. Pravakar Behera, SC for the Transport Department
CORAM:
HON’BLE DR. JUSTICE S.K. PANIGRAHI
Order No.
ORDER 18.06.2025
01.
1. This matter is taken up through hybrid arrangement.
2. In filing this Writ Petition, the Petitioner has sought for a direction from this Court to the R.T.O, Rourkela/Opposite Party No.2 for accepting 25% of the fine amount in respect of the vehicle bearing registration No.JH- 05-CK-1165.
3. Heard learned counsel for the Parties.
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 contains the M.V tax and penalties for M.V. offences, p. 2 Petitioner may be directed to deposit the up-to-date M.V tax and penalties for the offences and contest the case before the jurisdictional Magistrate.
5. Taking into consideration the submissions of learned counsel for the respective Parties, this Court without prejudice to the case of either of the parties, directs that in the event the Petitioner deposits the up-to-date M.V tax and 50% of the VCR / Challan amount before the Opposite Party No.2, the e-Challan/VCR shall be transmitted to the jurisdictional Magistrate for adjudication in accordance with law, if the said e-Challan/VCR has not been transmitted till today. 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.
6. This Writ Petition is, accordingly, disposed of.
(Dr. S.K. Panigrahi) Judge
Gitanjali