Orissa High Court
Power Engineering Co vs State Of Odisha & Anr. …. Opposite … on 17 June, 2025
Author: S.K. Panigrahi
Bench: S.K. Panigrahi
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.15472 of 2025
Power Engineering Co., .... Petitioner(s)
Bhubaneswar
Mr. Bibhu Prasad Mohanty, Adv.
-versus-
State of Odisha & Anr. .... Opposite Party (s)
Mr. Pravakar Behera, SC
for the Transport Department
CORAM:
HON'BLE DR. JUSTICE S.K. PANIGRAHI
ORDER
Order
17.06.2025
No.
01. 1. This matter is taken up through hybrid arrangement.
2. In filing this Writ Petition, the Petitioner has sought for a
direction from this Court to the R.T.O, Rourkela/Opposite
Party No.2 for accepting 50% of the fine amount in respect of
the vehicle bearing registration No.JH-05-CJ-1626.
3. Heard learned counsel for the Parties.
4. Mr. Pravakar Behera, learned Standing Counsel for the
Transport Department submits that due to violation of the
provisions of the Motor Vehicles Act, 1988 the Petitioner is
required to appear before the concerned Authority who has
issued the VCR and pray for transmission of the record to
the jurisdictional Magistrate, if he wants to contest the case.
Signature Not Verified The Petitioner has not yet appeared before the authority and
Digitally Signed
Signed by: AYASKANTA JENA
Designation: Personal Assistant
Reason: Authentication
Location: High Court of Orissa
Date: 17-Jun-2025 16:18:55
made such prayer. Since the Challan/VCR amount contains
the M.V tax and penalties for M.V. offences, Petitioner may
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be directed to deposit the up-to-date M.V tax and penalties
for the offences and contest the case before the jurisdictional
Magistrate.
5. Taking into consideration the submissions of learned
counsel for the respective Parties, this Court without
prejudice to the case of either of the parties, directs that in
the event the Petitioner deposits the up-to-date M.V tax and
50% of the VCR / Challan amount before the Opposite Party
No.2, the e-Challan/VCR shall be transmitted to the
jurisdictional Magistrate for adjudication in accordance with
law, if the said e-Challan/VCR has not been transmitted till
today. It is made clear that such deposit, if made as per the
above order, shall be subject to the result of the adjudication
to be made by the jurisdictional Magistrate.
6. This Writ Petition is, accordingly, disposed of.
(Dr. S.K. Panigrahi)
Judge
Ayaskanta
Signature Not Verified
Digitally Signed
Signed by: AYASKANTA JENA
Designation: Personal Assistant
Reason: Authentication
Location: High Court of Orissa
Date: 17-Jun-2025 16:18:55
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