Orissa High Court
Abhisek Mohanty vs State Of Odisha & Anr. .... Opposite ... on 1 September, 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. 23881 of 2025
Abhisek Mohanty .... Petitioner(s)
Mr. Khirod Chandra Majhi
-versus-
State of Odisha & Anr. .... Opposite Parties
Mr. Rajdeep Pradhan, ASC
Mr. Pravakar Behera, SC
(for Transport Department)
CORAM:
DR. JUSTICE SANJEEB K. PANIGRAHI
ORDER
Order 01.09.2025
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:
"Under the circumstances stated above, it is therefore humbly prayed
that his Hon'ble Court may graciously be pleased to issue notice to
Opp. parties and call for a show cause and if the Opp. Parties failed to
show cause or show in-sufficient cause the Hon'ble Court be pleased to
direct Opp. Party No.2 STA, Cuttack to transmit E-Challans issued
against vehicle No.OD-13-H-4600 (Annexed as Annexure-2 Series)
to the court of JMFC(T), Cuttack for disposal in accordance with law.
And/or be pleased to pass such other order/orders, direction/directions
as would deem fit and proper in the facts and circumstances of the
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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
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
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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-13-H-4600 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
