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2025 DAILYLAW 55236 (ORI)

MANORANJAN CHAMPATY v. STATE OF ODISHA

WP(C)/24233/2025 · 2025-09-04

S K Panigrahi

Writ Petition (Civil)body2025

Judgment text

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Page 1 of 3. IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.24233 of 2025 Manoranjan Champathy ..... Petitioner Mr. Sitansu Mohan Sarangi, Advocate -versus- State of Odisha & Anr. ..... Opposite Parties Mr. Pravakar Behera, Standing Counsel for Transport Department CORAM: THE HON'BLE DR. JUSTICE SANJEEB K. PANIGRAHI Order No. ORDER 04.09.2025 01. 1. This matter is taken up through hybrid arrangement. 2. Heard learned counsel for the parties. 3. The Petitioner, by filing this Writ Petition, has sought for a direction from this Court to the Opposite Party No.2 to transmit the VCRs against the Vehicle No.OD-02-AV-4768 under Anneuxre-2 to the Court of learned JMFC(Transport), Cuttack. 4. Learned counsel for the Petitioner submits that this Court has earlier decided the similar issue in the judgment dated 15.01.2014 passed in W.P.(C) No.1500 of 2004 (Anjana Babulal Darabad vrs. Commissioner, S.T.A. & Ors.) and batch of Writ Petitions. Hence, he submits Digitally Signed Signed by: GITANJALI NAYAK Reason: Authentication Location: OHC Date: 08-Sep-2025 17:32:35 Signature Not Verified Page 2 of 3. that this Writ Petition may be disposed of in the light of the judgment passed in the case of Anjana Babulal (supra). 5. Learned counsel for the Opposite Parties submits that they have no objection, if this matter is disposed of in the light of the judgment passed in the case of Anjana Babulal (supra). 6. On perusal of the records and the judgment passed in the case of Anjana Babulal (supra), it appears that similar issue has already been decided by this Court in the said judgment which was disposed of on 15.01.2014. The ordering portion of the said judgment is as follows: “ xxx xxx xxx v) Pending such approval, direction is hereby given to the OMVD Officers issuing the VCR to direct the driver/owner/person in possession and control of motor vehicle either compound the offence on payment of prescribed fine offline/online or to appear before the STA/RTA and produce the demanded documents for disposal of VCR within fifteen days, failing which the VCR issuing officer will submit prosecution report before the court having jurisdiction, namely, Transport Magistrate/J.M.F.C./ S.D.J.M. for adjudication of the VCR within fifteen days from the date on which compounded fine was to be paid. The Transport Magistrate/ JMFC/SDJM may allow compounding Digitally Signed Signed by: GITANJALI NAYAK Reason: Authentication Location: OHC Date: 08-Sep-2025 17:32:35 Signature Not Verified Page 3 of 3. of the offences, strictly in conformity with the Gazattee Notification No. No.1151 dated 29.09.1995. As prescribed under Rule 139 of C.M.V. Rules, 1989, the owners/driver/conductor may also send Xerox coy of R.C./I.C./Permit/D.L. and any other relevant documents duly attested by Police Officer or any other officer to the officer who demanded the documents by registered post within fifteen days from the date of issue of VCR. xx x xx x x ” 7. Considering the submissions made by the learned counsel for the parties and taking into account the judgment passed in the case of Anjana Babulal (supra), this Writ Petition is disposed of directing the Opposite Party No.2 to transmit the V.C.Rs under Annexure-2 series in respect of vehicle No. OD-02-AV-4768 to the court of learned J.M.F.C. (Transport), Cuttack for disposal as per law. 8. Accordingly, this Writ Petition is disposed of. (Dr. Sanjeeb K. Panigrahi) Judge Gitanjali