Citation : 2025 Latest Caselaw 11626 Ori
Judgement Date : 23 December, 2025
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.36940 of 2025
Rama Chandra ..... Petitioner(s)
Sahoo Mr. Khirod Chandra Majhi,
Advocate
-versus-
State of Odisha & Anr. ..... Opposite Party(s)
Mr. Pravakar Behera,
Standing Counsel for
Transport Department
CORAM:
THE HON'BLE DR. JUSTICE SANJEEB K PANIGRAHI
Order ORDER
No. 23.12.2025
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 seeking a direction from this Court to the
Opposite Parties to transmit the E. Challans issued against
vehicle No.OD-09-2410 vide Annexure-2 series to the
Court of J.M.F.C.(T), Cuttack for disposal in accordance
with law.
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 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 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-09-2410 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 Gitanjali
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