WP(C)/37592/2020
2021 Latest Caselaw 1485 Ori

W.P.(C) No.37592 of 2020

02. 05.02.2021 1. This matter is taken up by video conferencing mode.

2. Heard Mr. S. Dwivedi, learned counsel for the Petitioner, Mr. P.K. Parhi, learned Asst. Solicitor General of India for the Union of India-Opposite Party No.1 and Mr. P. Behera, learned Standing Counsel for the Transport Department-Opposite Party Nos.2 to 4.

3. By way of this writ petition, the petitioner has prayed to quash the Notification No. G.S.R. 1183 (E) dated 29th December, 2016 issued by the Ministry of Road Transport and Highways, New Delhi, Government of India amending Rule 81 of the Central Motor Vehicle Rules, 1989 for levy of additional fees in submitting No Objection Certificate for each month of delay, which was incorporated under entry at Sl. No.7 of the table and to direct the opposite party-authority to accept No Objection Certificate without payment of additional fees.

4. A batch of similar writ petitions were disposed of by this Court vide common judgment passed in the case of Dinabandhu Sahoo vs. Union of India and others, reported in 2019 (I) ILR-CUT-474 and common judgment dated 13th December, 2019 passed in W.P.(C) No.18124 of 2019 (Anirudha Kumar Dash vs. Union of India and others).

5. Since the issue involved in the present writ petition is squarely covered to that of Dinabandhu Sahoo (supra) and Anirudha Kumar Dash (supra), this Writ Petition is disposed of at the stage of admission in terms of the common judgments passed in the case of Dinabandhu Sahoo (supra) as well as Anirudha Kumar Dash (supra).

As the restrictions due to the COVID-19 situation are continuing, learned counsel for the parties may utilize a soft copy of this order available in the High Court's website or print out thereof at par with certified copy in the manner prescribed, vide Court's Notice No.4587, dated 25th March, 2020.

(Dr. S. Muralidhar) Chief Justice

(S.K. Sahoo) Judge

KC Bisoi