Amitabh Rout vs Union Of India And Other
2021 Latest Caselaw 11470 Ori

                IN THE HIGH COURT OF ORISSA AT CUTTACK

                              W.P. (C) No.34592 of 2021


             Amitabh Rout                              ....             Petitioner
                                                       Mr. S. C. Pani, Advocate
                                           -versus-
             Union of India and other              ....      Opposite Parties
                                            Mr. Debasis Tripathy, CGC and
                  Mr. P. Behera, Standing Counsel for Transport Department

                          CORAM:
                          THE CHIEF JUSTICE
                          JUSTICE A. K. MOHAPATRA
                                           ORDER

09.11.2021 Order No.

01. 1. Heard Mr. S.C.Pani, learned counsel for the Petitioner, Mr. Debasis Tripathy, learned Central Government Counsel 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.

2. 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.

3. A batch of similar writ petitions were disposed of by this Court vide common judgment passed in the case of Dinabandhu Sahoo v. Union of India, 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).

4. 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).

5. With the aforesaid observation and direction, this writ petition is disposed of.

6. An urgent certified copy of this order be issued as per rules.

(Dr. S. Muralidhar) Chief Justice

(A. K. Mohapatra ) Judge M. Panda