Madan Mohan Sahu vs State Of Odisha & Anr. .... Opposite ...
2025 Latest Caselaw 8121 Ori

Orissa High Court

Madan Mohan Sahu vs State Of Odisha & Anr. .... Opposite ... on 11 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. 25077 of 2025
                             Madan Mohan Sahu                            ....              Petitioner(s)
                                                                        Mr. Khirod Chandra Majhi, Adv.

                                                                -versus-

                             State of Odisha & Anr.                   ....               Opposite Parties
                                                                                  Mr. Sonak Mishra, ASC
                                                                                 Mr. Pravakar Behera, SC
                                                                              (for Transport Department)

                                      CORAM:
                                      DR. JUSTICE SANJEEB K. PANIGRAHI


                                                          ORDER

             Order                                       11.09.2025
             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 prayed that this Hon'ble Court be graciously 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 the opp. party no. 2 STA, Cuttack to transmit E, Challans issued under Annexure-2 series against Vehicle No.OD-02-V-0624 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.

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And for this act of kindness the petitioner shall ever pray as in duty bound."

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

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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.OD-02-V-0624 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