Chanchalamani Pradhan v. RTO, Balasore

Mr. Braja Mohan Sarangi, Adv. -Versus- RTO, Balasore ………. Opposite Party (s) Mr. Pravakar Behera, SC for Transport Department CORAM: DR. JUSTICE S.K. PANIGRAHI ORDER 27.01.2024 Order No. 01.

This matter is taken up through hybrid arrangement.

Heard.

The Petitioner in this Writ Petition prays for a direction to release his vehicle bearing Registration No.OD-09-W 1865 (Truck) (as per Annexure-2) by accepting the outstanding M.V. tax.

It is submitted by Mr. Sarangi, learned counsel for the Petitioner that the vehicle of the Petitioner has been seized by the Regional Transport Officer, Balasore-Opposite Party for non-payment of M.V. tax and other allied offences. It is his submission that the Petitioner is agreeable to pay the outstanding M.V. tax and to file Signature Not Verified Digitally Signed Signed by: LITARAM MURMU Designation: P.A. Reason: Authentication Location: OHC Date: 28-Jan-2025 16:02:14 imposed. show cause under Section 13(2) of the Odisha Motor Vehicles Taxation Act, 1975 (for short ‘the Act’) in respect of the penalty 2

Mr. Behera, learned Standing Counsel for the Transport Department submits that if the Petitioner pays the outstanding M.V. tax, files show cause reply under Section 13(2) of the Act in respect of the penalty imposed and also pays the 50% of the balance challan amount, his case for release of the vehicle may be considered. Hence, he prays for a direction to the Petitioner to produce the driving license in original of the Driver of the offending vehicle for grant of appropriate relief.

Learned counsel for the Transport Department further refers to the provisions under Section 194 of the Motor Vehicles Act, 1988 to substantiate his contention. Section 194 of the Motor Vehicles Act, 1988 is extracted hereunder:

194. Driving vehicle exceeding permissible weight [(1) Whoever drives a motor vehicle or causes or allows a motor vehicle to be driven in contravention of the provisions of section 113 or section 114 or section 115 shall be punishable with [***] fine [of twenty thousand rupees and an additional amount of two thousand rupees per tonne of excess load], together with the liability to pay charges for off-loading of the excess load] [Provided that such motor vehicle shall not be allowed to move before such excess load is removed or is caused or allowed to be removed by the person in control of such motor vehicle.] [(1A) Whoever drives a motor vehicle or causes or allows a motor vehicle to be driven when such motor vehicle is loaded in such a manner that the load or any part thereof or anything extends laterally beyond the side of the body or to the front or to the rear or in height beyond the permissible limit shall be punishable with a fine of twenty thousand rupees, together with the liability to pay charges for off-loading of such load: Provided that such motor vehicle shall not be allowed to move before such load is arranged in a manner such that there is no extension of the load laterally beyond the side of the body or to the front or to the rear or in height beyond the permissible limit: Signature Not Verified Digitally Signed Signed by: LITARAM MURMU Designation: P.A. Reason: Authentication Location: OHC Date: 28-Jan-2025 16:02:14 3 Provided further that nothing in this sub-section shall apply when such motor vehicle has been given an exemption by the competent authority authorised in this behalf, by the State Government or the Central Government, allowing the carriage of a particular load.] (2)Any driver of a vehicle who refuses to stop and submit his vehicle to weighing after being directed to do so by an officer authorised in this behalf under section 114 or removes or causes the removal of the load or part of it prior to weighing shall be punishable with fine [of forty thousand rupees].

Taking note of the submissions made by learned counsel for the parties, this Court disposes of the Writ Petition with a direction that if the Petitioner deposits the entire outstanding M.V. tax amount, files show cause reply under Section 13(2) of the Act in respect of the penalty imposed and deposits 50% of the challan amount within a period of four weeks hence, the vehicle in question shall be released in his favour. It is further directed that the petitioner shall produce driving license of the Driver of the offending vehicle. The Petitioner shall also file an undertaking to cooperate with the Authorities for compounding/contesting the challan raised in respect of the aforesaid vehicle.

Urgent certified copy of this order be granted on proper application. ( Dr. S.K. Panigrahi) Judge Murmu Signature Not Verified Digitally Signed Signed by: LITARAM MURMU Designation: P.A. Reason: Authentication Location: OHC Date: 28-Jan-2025 16:02:14