Tapas Kumar Acharya vs State Of Odisha & Anr. .......... ...
2025 Latest Caselaw 8388 Ori

Orissa High Court

Tapas Kumar Acharya vs State Of Odisha & Anr. .......... ... on 17 September, 2025

Author: Sanjeeb K Panigrahi

Bench: Sanjeeb K Panigrahi

                                    IN THE HIGH COURT OF ORISSA AT CUTTACK
                                                       W.P.(C) No. 25762 of 2025
                                Tapas Kumar Acharya                            ........    Petitioner(s)
                                                                              Mr. Ashok Kumar Rout, Adv.
                                                           -Versus-

                                State of Odisha & Anr.                  .......... Opposite Party(s)
                                                                    Mr. Pravakar Behera, Standing Counsel
                                                                             for the Transport Department

                                             CORAM:
                                             DR. JUSTICE SANJEEB K PANIGRAHI

                                                           ORDER

17.09.2025 Order No.

01. 1. This matter is taken up through hybrid arrangement.

2. In filing this Writ Petition, the Petitioner has made the following

prayer:-

"It is therefore prayed that your lordships would be graciously be pleased to issue notice to the opp. parties and Call for the records and after hearing the parties this Hon'ble Court be pleased to direct the Opp. Party No- 2 ( R.T.O, Cuttack ) to show cause as to why the Opposite Parties shall not be directed to transmit the V.C.R. under Annexure-2 to the Court of Learned J.M.F.C (Transport), Cuttack to disposed off the same as per law , keeping view the judgment of the Hon'ble High Court passed in case of Anjana Babulal Darabad. Dated 15.01.2014 within as a stimulated time;

And it the Opposite Parties did not show cause or show insufficient cause, the writ may be made absolute and a writ of mandamus may be issued to the Opposite Parties, Particularly to the Opposite Party No.2 (R.T.O, Cuttack ) to transmit the VCR to the Court Of the Learned J.M.F.C (Transport ), Cuttack within a stimulated time or its disposal as per law.

And further this Hon'ble Court may graciously be pleased to pass any other order(s) I direction (s) as would be deemed fit and proper in the facts and circumstances of the case;"

3. Heard.

4. Learned counsel for the Petitioner submits that this Court has

earlier decided the similar issue vide judgment dated 15.01.2014

passed in W.P.(C) No.1500 of 2004 with batch of cases. Hence, this

Writ Petition may be disposed of in the light of the judgment

passed in W.P.(C) No.1500 of 2004.

5. Learned counsel for the Opposite Parties submits that the

Opposite Parties have no objection, if this matter is disposed of in

the light of the judgment passed in W.P.(C) No.1500 of 2004.

6. On perusal of the records and the judgment passed in W.P.(C)

No.1500 of 2004, it appears that similar issue has already been

decided by this Court in the judgment dated 15.01.2014 passed in

W.P.(C) No.1500 of 2004. This Court, therefore, directs the R.T.O.,

Cuttack/ Opposite Party No.2 to transmit the V.C.Rs in respect of

the vehicle bearing registration No.OD-05-N-3839 to the Court of

the learned J.M.F.C (Transport), Cuttack for disposal as per law.

7. This Writ Petition is, accordingly, disposed of.

( Dr. Sanjeeb K Panigrahi) Judge Murmu