Seshadeb Baral vs Transport Commnr. Cum
2021 Latest Caselaw 8508 Ori

       IN THE HIGH COURT OF ORISSA AT CUTTACK


                    W.P.(C) No.23884 OF 2021

Seshadeb Baral                          .....                 Petitioner

                                                   Mr. Subas Ch. Pani,
                                                             Advocate
                                Vs.
Transport Commnr. Cum                   .....         Opposite parties
Chairman, STA & Anr.
                                                    Mr. P. Behera, S.C.
                                                      Transport Deptt.


            CORAM:
                DR. JUSTICE B.R. SARANGI

                                        ORDER

13.08.2021

Order No. This matter is taken up by video conferencing

mode.

Heard Mr. S.C. Pani, learned counsel appearing for the petitioner and Mr. P. Behera, learned Standing Counsel for Transport Department.

In this writ application, the petitioner has prayed for a direction to opposite party no.2 to accept tax in prevailing procedure (monthly mode) in respect of vehicle bearing Registration No.OD 02-AA 2323 (INNOVA CAR). It has been submitted by Mr. Pani that similar issues have come before this Court in series of writ petitions, but the same have been declined to be interfered with. But a Division Bench of this Court, vide order dated 17.05.2018 has passed an interim order in W.A. No.239 of 2018 staying the judgment and order dated 20.04.2018 passed in W.P.(C) No.2894 of 2018 and other batch of cases and in this pretext, the instant writ petition has been filed for issuance of aforesaid direction.

Mr. Behera, learned Standing Counsel for Transport Department submits that when the Division Bench of this Court has passed an order, it would be just and proper to direct the petitioner to approach before opposite party no.2 along with copy of the said order and if that would be done, the opposite party no.2 shall consider the same.

Learned counsel for the petitioner expressed no objection to such submission of Mr. Behera, learned Standing Counsel for Transport Department.

Upon such submissions and without going into the merits of the claim of the petitioner, the writ petition is being disposed of giving liberty to the petitioner to bring to the notice of opposite party no.2 about the above order passed in the writ appeal while ventilating his grievance by way of filing W.P.(C) No.1086 of 2021 representation, which shall be considered by the concerned opposite party in accordance with law as expeditiously as possible.

With the aforesaid observation, the writ petition stands disposed of.

Issue urgent certified copy as per rules.

Alok (DR. B.R. SARANGI) JUDGE