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Orissa High Court
Eastern Foods Pvt vs State Of Odisha & Anr. ..... Opposite ... on 7 January, 2026
Author: Sanjeeb K Panigrahi
Bench: Sanjeeb K Panigrahi
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.37442 of 2025
Eastern Foods Pvt. ..... Petitioner
Ltd., Cuttack Mr. Sanjay Kumar Patra,
Advocate
-versus-
State of Odisha & Anr. ..... Opposite Party
Mr. Pravakar Behera,
Standing Counsel for Transport
Department
CORAM:
THE HON'BLE DR. JUSTICE SANJEEB K PANIGRAHI
Order ORDER
No. 07.01.2026
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 a prayer to transmit the VCRs vide
Annexure-2 series against the vehicle of the petitioner
bearing Regd. No. OD-05 Y-7116 to the Court of learned
J.M.F.C.(Transport), Cuttack for disposal.
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
Digitally Signed (Anjana Babulal Darabad vrs. Commissioner, S.T.A. &
Location: OHC Ors.) and batch of Writ Petitions. Hence, he submits that
Date: 08-Jan-2026 17:55:35
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
Digitally Signed Gazattee Notification No. No.1151 dated
Location: OHC 29.09.1995. As prescribed under Rule 139 of C.M.V.
Date: 08-Jan-2026 17:55:35
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 Petitioner to
deposit 50% of the challan amount before the competent
authority/ Opposite Party No.2. In such event, the
Opposite Party No.2 to transmit the V.C.Rs under
Annexure-2 series in respect of vehicle No. OD-05 Y-7116
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
Gitanjali
