Orissa High Court
Smarak Dash vs Union Of India And Others on 10 October, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) NO. 32846 OF 2023
Smarak Dash .... Petitioner
Mr. Braja Mohan Sarangi, Advocate
-versus-
Union of India and others .... Opp. Parties
Mr. Prasanna Kumar Parhi,
Deputy Solicitor General
along with Mr. Satyabrata Panda, CGC
(For Opposite Party No.1)
Mr. Pravakar Behera, Standing Counsel
(For Transport Department)
CORAM:
JUSTICE K.R. MOHAPATRA
ORDER
Order No. 10.10.2023
1. 1. This matter is taken up through hybrid mode.
2. The Petitioner in this writ petition seeks to assail the
inaction of the Regional Transport Officer, Bhubaneswar-
Opposite Party No.3 in accepting the NOC issued for change of
residence by the R.T.O., Kalahandi in respect of vehicle bearing
Registration No.OR-05-AS-0977 (Motorcycle) insisting upon
payment of additional fee for delay in submission of the
application for acceptance of said NOC pursuant to the
amendment of Rule 81 of the Central Motor Vehicle Rules,
1989 (for short "the Rules').
4. It is submitted by Mr. Sarangi, learned counsel that the
Petitioner is the registered owner of vehicle bearing Registration
No.OR-05-AS-0977 (Motorcycle) registered under the R.T.O.,
Kalahandi. The Petitioner applied for change of residence and
the NOC (Clearance Certificate) vide Annexure-2 was issued by
the R.T.O., Kalahandi on 5th December, 20212 to be produced
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before the R.T.O., Bhubaneswar. As per law, the Petitioner has
to submit the said NOC within a period of thirty days before the
R.T.O., Bhubaneswar for change of residence from the date of
its issue. However, the Petitioner could not submit the same
within the stipulated period. When the Petitioner approached the
R.T.O., Bhubaneswar and produced the NOC requesting him to
accept the same and change the address, the same was not
accepted insisting upon payment of additional fee in view of
amendment of Rule 81 of the Rules. It is submitted by learned
counsel for the Petitioner that the amendment in Rules 32 and
81 of the Rules imposing additional fee has already been set
aside by this Court in W.P.(C) No.18124 of 2019 (Anirudha
Kumar Dash -vrs.- Union of India and others) and a batch of
writ petitions disposed of on 13th December, 2019, relevant
portion of which reads as under:
"13. After considering the entire fact situation of the
instant cases and submissions made by the learned
counsel for the parties, and after considering
Paragraph-8 of the judgment of the Madras High
Court referred to above, we are of the opinion that
there cannot be different implications of the same
notification in two different States. Therefore, to
maintain the uniformity, by following the judgment of
the Madras High Court, we also consider it
appropriate to struck down the amendment Rule 32
and Rule 81 of the Rules amended vide impugned
Notification No.G.S.R.1183(E) dated 29.12.2016
issued by the Ministry of Road Transport & Highways,
New Delhi, Government of India, to the extent of
imposition of additional fee only.
13.1 However, it is made clear that it will be subject
to final result of the appeal filed by the Union of India
before the Supreme Court. It is further clarified that if
ultimately the Government succeeds in the Supreme
Court, it will be open for the Government to recover
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the amount of additional fees from the Petitioners from
the date of implementation of the notification."
5. In view of the above, learned counsel for the Petitioner
submits that the demand of additional fee to accept the NOC
issued for change of residence issued under Annexure-2 is not
legal. Hence, this writ petition has been filed for a direction to
the R.T.O., Bhubaneswar to accept the NOC issued under
Annexure-2 without insisting upon payment of additional fee
under Rule 81 of the Rules.
6. Mr. Behera, learned Standing Counsel for the Transport
Department submits that there is no material on record to show
that the Petitioner had, in fact, approached the R.T.O.,
Bhubaneswar for acceptance of NOC issued for change of
residence. He, however, does not dispute the position of law as
stated by learned counsel for the Petitioner and submits that the
matter is at present pending for consideration before Hon'ble
Supreme Court. He further submits that if an application is filed
by the Petitioner along with the NOC issued under Annexure-2
complying with other formalities for its acceptance, the same
can be considered by the R.T.O., Bhubaneswar in accordance
with law. The Petitioner should also file an undertaking to the
effect that if Union of India succeeds in the appeal pending
before Hon'ble Supreme Court, the Petitioner will be liable to
pay the additional fee as stated in Paragraph-13.1 of the
aforesaid judgment.
7. Taking into consideration the submission made by
learned counsel for the Petitioner and the ratio in W.P.(C)
No.18124 of 2019 (Anirudha Kumar Dash) (supra), this Court is
of the considered opinion that the R.T.O., Bhubaneswar should
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accept the NOC issued for change of residence stated to have
been filed by the Petitioner without insisting upon payment of
additional fee in terms of Rule 81 of the Rules.
8. It is, accordingly, directed that in the event the Petitioner
makes an application complete in all respect to accept the NOC
for change of residence issued by the R.T.O., Kalahandi under
Annexure-2 within a period of two weeks hence along with such
NOC, the R.T.O., Bhubaneswar-Opposite Party No.3 shall do
well to accept the same and do the needful in accordance with
law without insisting upon payment of additional fee for delay
in making such application. In view of the observation made by
this Court in paragraph-13.1 of the order in W.P.(C) No.18124
of 2019 (Anirudha Kumar Dash) (supra), no undertaking is
required to be given by the Petitioner, as submitted by Mr.
Behera, learned Standing Counsel for Transport Department.
9. With the aforesaid observation and direction, this writ
petition is disposed of.
Urgent certified copy of this order be granted on proper
application.
(K.R. Mohapatra)
bks Judge
Signature Not Verified
Digitally Signed
Signed by: BIJAY KUMAR SAHOO
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 11-Oct-2023 11:07:26
