Orissa High Court
Santosh Moharana vs Chairman State Transport ..... ... on 25 September, 2025
Author: Sanjeeb K Panigrahi
Bench: Sanjeeb K Panigrahi
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.27325 of 2025
Santosh Moharana ..... Petitioner
Mr. Braja Mohan Sarangi,
Advocate
-versus-
Chairman State Transport ..... Opposite Party
Authority, Cuttack Mr. Pravakar Behera,
Standing Counsel for
Transport Department
CORAM:
THE HON'BLE DR. JUSTICE SANJEEB K PANIGRAHI
Order ORDER
No. 25.09.2025
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:
"Under the facts and circumstances of the
case this hon'ble Court be kind enough to direct
the opp.party to send the challan dt.20.04.2025
to transport Magistrate Court for appropriate
disposal of the case for the vehicle Regd NO.
OD02BM5144(car) and grant fitness and permit
certificate and pass an appropriate order in
accordance with law.
And for this act of kindness the petitioner as in
Reason: Authentication Page 1 of 3.
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
Digitally Signed will submit prosecution report before the court
Reason: Authentication Page 2 of 3.
Location: OHC
Date: 26-Sep-2025 17:26:06
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. OD02BM5144(car) 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
Signed
Reason: Authentication Page 3 of 3.
Location: OHC
Date: 26-Sep-2025 17:26:06
