Orissa High Court
Gouri Barik vs State Of Odisha & Ors. ..... Opposite ... on 1 September, 2025
Author: Sanjeeb K. Panigrahi
Bench: Sanjeeb K. Panigrahi
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No. 23856 of 2025
Gouri Barik ..... Petitioner
Mr. Sitansu Mohan Singh,
Advocate
-versus-
State of Odisha & Ors. ..... Opposite Parties
Mr. Pravakar Behera,
Standing Counsel for
Transport Department
CORAM:
DR. JUSTICE SANJEEB K. PANIGRAHI
Order ORDER
No. 01.09.2025
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;
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-OR-
09-M-1831 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
Digitally Signed Page 1 of 4.
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 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;"
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
Digitally Signed Page 2 of 4.
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
Digitally Signed Page 3 of 4.
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-09-M-1831 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
Digitally Signed Page 4 of 4.
