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2025 DAILYLAW 9344 (ORI)

GOURANGA MANDAL v. CHATRMAN STATE TRANSPORT AUTHORITY, CUTTACK

WP(C)/1200/2025 · 2025-01-15

Murahari Sri Raman

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.1200 of 2025 Gouranga Mandal …. Petitioner Mr. Braja Mohan Sarangi, Advocate -versus- Chairman State Transport Authority, Cuttack …. Opposite Party Mr. Pravakar Behera, Standing Counsel (Transport Department) CORAM: HON’BLE MR. JUSTICE MURAHARI SRI RAMAN Order No. 01. ORDER 15.01.2025 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 10.04.2023 (Annexure-1) in respect of the vehicle bearing Registration No.OD-02-AC-9330 to the jurisdictional Magistrate for appropriate relief. He further prays for a direction to the Opposite Party to consider his case for issuance of fitness certificate and permit. 3. Mr. Pravakar Behera, learned Standing Counsel for Transport Department submits that in view of violation of the provisions 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.10,000/-, the petitioner may be directed p. 2 to deposit 50% of the same and contest the case before the jurisdictional Magistrate. 4. Taking into consideration the submissions of learned counsel for the parties, this Court directs that without prejudice to the case of either party, in the event the Petitioner deposits 50% of the VCR amount, i.e., Rs.5000/- (Rupees five thousand only) 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 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 Opposite Party 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. (M.S. Raman) Judge Laxmikant Designation: Senior Stenographer