IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.22735 of 2025 Sachin Sahoo …. Petitioner Represented By Adv. Mr. Subash Ch. Pani -versus- State of Odisha & Ors. …. Opposite Parties Represented By AGA Mr. Debasis Nayak Mr. Pravakar Behera, SC For Transport Department CORAM: DR. JUSTICE SANJEEB K. PANIGRAHI Order No. ORDER 14.08.2025 01. 1. This matter is taken up through hybrid arrangement. 2. In filing this Writ Petition, the Petitioner claiming himself to be the owner of the vehicle in question, has bought for a direction from this Court to the RTO, Nayagarh/Opposite Party No.3 for releasing his vehicle bearing Registration No.OD-05-L-6788 (Bus). 4. Learned counsel for the Petitioner submits that the vehicle of the Petitioner has been seized by the Regional Transport Officer, Nayagarh/Opposite Party No.3 for non-payment of M.V. Tax and also for other allied offences. He also submits that the Petitioner is agreed to pay 50% of the challan/fine amount with M.V. Tax. He also prays for granting necessary permission to the Petitioner to file show cause as per the provision under Section 13(2) of the Odisha Motor Vehicles Taxation Act, 1975 (for short ‘the Act’) in respect of the penalty imposed. 4. Learned counsel for the Petitioner further contends that in the meantime, though the Petitioner attempted to pay 50% of the challan/fine amount, the authority concerned refused to accept the same. 5. At this juncture, Mr. Behera, learned Standing Counsel for the Transport Department submits that the Petitioner instead of appeared before the taxing officer has straight way filed the Writ Petition before this Court. The Taxing Officer has power to release the vehicle under Section 17(2) of OMVT Act if the Petitioner deposits the arrear tax and penalty against the vehicle. The Writ petition is not maintainable since the Petitioner has not appeared before the Taxing Officer. 6. Considering the submissions made by the learned counsel for the parties, this Court disposes of this Writ Petition with a direction that in the event the Petitioner deposits the entire outstanding M.V. Tax amount and 50% of the challan/fine amount before the Opposite Party Nos.2 and 3 respectively and files show cause reply under Section 13(2) of the Act in respect of the penalty imposed within a period of four weeks hence, the vehicle in question shall be released in his favour. It is further directed that the Petitioner shall produce the original driving license of the Driver of the offending vehicle. The Petitioner shall also file an undertaking to cooperate the Authorities for compounding/contesting the challan raised in respect of the aforesaid vehicle. 7. This Writ Petition is, accordingly, disposed of. 8. Issue urgent certified copy of this order as per rules (Dr. Sanjeeb K. Panigrahi) Judge Sumitra