Orissa High Court
Dillip Singh vs State Of Odisha & on 10 September, 2025
Author: Sanjeeb K. Panigrahi
Bench: Sanjeeb K. Panigrahi
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No. 24950 of 2025
Dillip Singh ........ Petitioner(s)
Mr. Khirod Chandra Majhi, Adv.
-Versus-
State of Odisha &
Another .......... Opposite Party(s)
Mr. Pravakar Behera, Standing Counsel
for the Transport Department
CORAM:
DR. JUSTICE SANJEEB K. PANIGRAHI
ORDER
10.09.2025
Order 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.OR-05-AJ-9798(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 case."
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.OR-05-AJ-9798 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
