Orissa High Court
Pabitra Kumar Mahapatra vs State Of Odisha & Anr. .... Opposite ... on 18 August, 2025
Author: Sanjeeb K. Panigrahi
Bench: Sanjeeb K. Panigrahi
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.22716 of 2025
Pabitra Kumar Mahapatra .... Petitioner
Mr. Sitansu Mohan Singh, Advocate
-versus-
State of Odisha & Anr. .... Opposite Parties
Mr. Pravakar Behera,
Standing Counsel
CORAM:
DR. JUSTICE SANJEEB K. PANIGRAHI
Order ORDER
No. 18.08.2025
01. 1. This matter is taken up through hybrid arrangement.
2. Heard learned counsel for the parties.
3. The present Writ Petition has been filed by the
Petitioner with the following prayer:
"It is prayed therefore that this Hon'ble Court
may be graciously pleased to;
vii) Issue notice to the Opposite Parties;
viii) Call for the records;
ix) Issue Rule Nisi, calling upon the
opposite parties to show cause as to why the
Opposite Party No-2 shall not be directed to
transmit the VCRs against the Vehicle No- OR-07-
P-3737 under Annexure-2 Series to the Court of
learned J.M.F.C.(Transport), Cuttack to disposed off
the same as per law, keeping in view the judgment of
the Hon'ble Court in Anjana Babulal Darabad case
dated 15.01.2014 within a stipulated time;
And if the Opposite Parties did not show
Signed by: GITANJALI NAYAK made absolute and a writ of mandamus may be
issued to the Opposite Parties, particularly to the
Opposite Party No.2 to transmit the VCRs to the
court of learned J.M.F.C. (Transport), Cuttack
within a stipulated time or its disposal as per law;
And further be pleased to pass any
appropriate writ(s), order(s), direction(s) as this
Hon'ble Court may deem fit and proper for the ends
of justice in favour of the petitioner;"
4. Learned counsel for the Petitioner submits that this Court
has earlier decided the similar issue in the judgment dated
15.01.2014 passed in W.P.(C) No.1500 of 2004 (Anjana
Babulal Darabad vrs. Commissioner, S.T.A. & Ors.) and
batch of Writ Petitions. Hence, he submits that this Writ
Petition may be disposed of in the light of the judgment
passed in the case of Anjana Babulal (supra).
5. Learned counsel for the Opposite Parties submits that they
have no objection, if this matter is disposed of in the light of
the judgment passed in the case of Anjana Babulal (supra).
6. On perusal of the records and the judgment passed in the
case of Anjana Babulal (supra), it appears that similar issue
has already been decided by this Court in the said judgment
which was disposed of on 15.01.2014. The ordering portion
of the said judgment is as follows:
" xxx xxx xxx
v) Pending such approval, direction is hereby given to
the OMVD Officers issuing the VCR to direct the
driver/owner/person in possession and control of motor
Signed by: GITANJALI NAYAK vehicle either compound the offence on payment of
Reason: Authentication
Location: OHC
Date: 19-Aug-2025 16:42:53
prescribed fine offline/online or to appear before the
STA/RTA and produce the demanded documents for
disposal of VCR within fifteen days, failing which the
VCR issuing officer will submit prosecution report
before the court having jurisdiction, namely, Transport
Magistrate/J.M.F.C./ S.D.J.M. for adjudication of the
VCR within fifteen days from the date on which
compounded fine was to be paid. The Transport
Magistrate/ JMFC/SDJM may allow compounding of
the offences, strictly in conformity with the Gazattee
Notification No. No.1151 dated 29.09.1995. As
prescribed under Rule 139 of C.M.V. Rules, 1989, the
owners/driver/conductor may also send Xerox coy of
R.C./I.C./Permit/D.L. and any other relevant
documents duly attested by Police Officer or any other
officer to the officer who demanded the documents by
registered post within fifteen days from the date of issue
of VCR.
xx x xx x x "
7. Considering the submissions made by the learned
counsel for the parties and taking into account the judgment
passed in the case of Anjana Babulal (supra), this Writ
Petition is disposed of directing the Opposite Party No.2 to
transmit the V.C.Rs under Annexure-2 series in respect of
vehicle No. OR-07-P-3737 to the court of learned J.M.F.C.
(Transport) Cuttack for disposal as per law.
8. Accordingly, this Writ Petition is disposed of.
Digitally Signed Judge
