Md. Salim vs Union Of India And Others
2021 Latest Caselaw 11898 Ori

                  IN THE HIGH COURT OF ORISSA AT CUTTACK


                                   W.P.(C) No.35584 of 2021


            Md. Salim                                  ....            Petitioner
                                                       Mr. A.K. Rout, Advocate

                                           -versus-
            Union of India and others                   ....          Opp. Parties
                                                                 Mr. P. Behera
                                     Standing Counsel for Transport Department
                                                          Mr. P.K. Parhi, ASGI

                        CORAM:
                        THE CHIEF JUSTICE
                        JUSTICE A.K. MOHAPATRA

                                           ORDER

Order No. 18.11.2021

02. 1. Notice. Mr. P. Behera, learned Standing Counsel accepts notice for Transport Dept. and Mr. P.K. Parhi, learned ASGI accepts notice for Union of India. Let required number of copies of memo of writ petition be provided to them in course of the day.

2. By way of this writ petition, the petitioner has prayed to quash the Notification No. G.S.R. 1183 (E) dated 29.12.2016 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 in respect of change of residence 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 in respect of change of residence 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 vs. Union of India and others, reported in 2019 (I) ILR-CUT-474 and common judgment dated 13.12. passed in W.P.(C) No.18124 of 2019 (Anirudha Kumar Dash vs. Union of India and others).

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 aforesaid common judgments.

(Dr. S. Muralidhar) Chief Justice

( A.K. Mohapatra ) Judge R.K. Singh/Jagabandhu