2. Heard learned counsel for the parties.
3. The present Writ Petition has been filed by the
"Therefore, the petitioner most respectfully
prays that this Hon'ble Court may be graciously
pleased enough to admit this writ petition, issue
rule NISI calling upon the opposite parties to
show cause as to why the VCRs under
Annexure-2 series issued /drawn against the
Vehicle of the petitioner bearing Regd. No.
OD02BU9989 shall be transmitted to the Court
of learned J.M.F.C.(Transport), Cuttack for
disposal of the same as per law, And if the
Opposite Parties do not show cause or show
Digitally Signed Page 1 of 4.
insufficient cause the rule may be made absolute
by issuing appropriate writ directing the O.P
No.2 to transmit/forward the VCRs under
Annexure-2 series to the Court of learned
J.M.F.C.(Transport), Cuttack within a stipulated
time;
And further, be pleased to pass any appropriate
writ(s)/order(s), direction(s) as this Hon'ble
court may deem fit and proper under the facts &
circumstances of the case
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 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.OD02BU9989 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
Digitally Signed Page 4 of 4.
