Hemalata Behera vs The Transport Commissioner
2021 Latest Caselaw 6802 Ori

                       2IN THE HIGH COURT OF ORISSA AT CUTTACK

                                      WPC No.18092 of 2021

                  Hemalata Behera                         ....              Petitioner
                                                               Mr.S.C.Pani, Advocate

                                            -versus-
                  The transport Commissioner          ....            Opposite Parties
                  -cum-Chairman, State Transport
                  Authority, Odisha, Cuttack and anr.
                                  Mr. Prabhakar Behera, Standing Counsel Transport

                            CORAM:
                            JUSTICE BISWANATH RATH
                                             ORDER

02.07.2021

Order No.

02. 1. This matter is taken up through video conferencing mode.

2. 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.OR- 05-AS-5273 (MAXICB). It has been submitted by Mr. Pani that similar issues have come before this Court in series of writ petitions but the same has been declined to be interfered with. But a Division Bench of this Court, vide order dated 17.05.2018 has passed in 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.

// 2 //

3. Mr. Behera 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.

4. Learned counsel for the petitioner expressed no objection to such submission of Mr. Behera.

5. 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.

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

7. As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a print out of the order available in the High Court's website, at par with certified copy, subject to attestation by the concerned Advocate, in the manner prescribed vide Court's Notice No.4587, dated 25th March, 2020 as modified by Court's notice No.4798, dated 15th April, 2021.

(Biswanath Rath) Judge