Deepak Behera vs State Of Odisha & Anr. .... Opposite ...
2025 Latest Caselaw 5642 Ori

Orissa High Court

Deepak Behera vs State Of Odisha & Anr. .... Opposite ... on 20 August, 2025

Author: Sanjeeb K. Panigrahi

Bench: Sanjeeb K. Panigrahi

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                                          IN THE HIGH COURT OF ORISSA AT CUTTACK

                                                         W.P.(C) No. 23057 of 2025
                                        Deepak Behera                         ....              Petitioner(s)
                                                                              Mr. Sitansu Mohan Singh, Adv.

                                                                      -versus-

                                        State of Odisha & Anr.             ....               Opposite Parties
                                                                                   Ms. Sarita Moharana, ASC
                                                                                      Mr. Pravakar Behera, SC
                                                                                   (for Transport Department)

                                                 CORAM:
                                                 DR. JUSTICE SANJEEB K. PANIGRAHI


                                                                  ORDER

                          Order                                  20.08.2025
                          No.

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;

i) Issue notice to the Opposite Parties;

ii) Call for the records;

iii) 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- OD-

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21-E-3288 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 cause or show insufficient cause, the writ may be 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; And for this act of kindness the petitioner as in duty bound shall ever pray."

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 submit 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

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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 vehicle either compound the offence on payment of 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

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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. OD-21-E-3288 to the

court of learned J.M.F.C. (Transport) Cuttack for disposal as per

law.

8. Accordingly, this Writ Petition is disposed of.

(Dr. Sanjeeb K. Panigrahi) Judge

Murmu

Designation: Personal Assistant