Orissa High Court
Surya Narayan Jena vs State Of Odisha & Anr. ..... Opposite ... on 11 September, 2025
Author: Sanjeeb K Panigrahi
Bench: Sanjeeb K Panigrahi
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No. 24265 of 2025
Surya Narayan Jena ..... Petitioner
Mr. Sanjay Kumar Patra,
Advocate
-versus-
State of Odisha & Anr. ..... Opposite Parties
Mr. Pravakar Behera,
Standing Counsel for
Transport Department
CORAM:
DR. JUSTICE SANJEEB K PANIGRAHI
Order ORDER
No. 11.09.2025
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:
"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. OD02AB9565 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 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;
Digitally Signed Page 1 of 3.
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 & circumstance 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
Digitally Signed Page 2 of 3.
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.OD02AB9565 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 3 of 3.
