Tarak Nath Chaterjee vs Union Of India And Others
2021 Latest Caselaw 11577 Ori

               IN THE HIGH COURT OF ORISSA AT CUTTACK
                                 W.P.(C) No.34878 of 2021


            Tarak Nath Chaterjee                   ....              Petitioner
                                         Mr. Subas Chandra Pani, Advocate
                                       -versus-
            Union of India and Others              ....       Opposite Parties
                                      Mr. P.K. Parhi, Asst. Solicitor General
                                Mr. P. Behera, Standing Counsel (Transport)

            CORAM:
            THE CHIEF JUSTICE
            JUSTICE A.K. MOHAPATRA

                                        ORDER

Order No. 11.11.2021

01. 1. 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.

2. 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).

3. 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).

4. With the aforesaid observation, this writ petition is disposed of.

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

(Dr. S. Muralidhar) Chief Justice

(A.K. Mohapatra) S.K. Jena/P.A. Judge