RADHA KANTA PADHI Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE controversy raised in this case relates to the power of Officers of the State Motor Vehicle Department to take away vital documents like registration certificate, fitness certificate and driving licence at the time of checking of vehicles.

(2.) IN this application filed under Articles 226 and 227 of the Constitution the petitioner has prayed to issue a writ of mandamus to the opposite parties directing them not to seize the motor vehicle documents excepting under circumstances as provided under Sections 206 and 207 of the Motor Vehicles Act, 1988 (Act No. 59 of 1988). The State Govt. represented by its Secretary in the Transport department, the State Transport Authority, Orissa represented by its Secretary, the Commissioner of Transport, the Regional Transport Authority, Puri represented through its Secretary and the Regional Transport Officer, Bhubaneswar are impleaded in the writ petition as opposite parties 1 to 5 respectively

(3.) THE opposite parties 4 and 5 in separate returns filed by them have tried to support the action of the enforcement officers referring to certain provisions of the Act and the Rules which will be discussed later in the judgment However, it is accepted by the learned Statnding Counsel appearing for them that actions like seizure of vehicle, impounding of motor vehicle documents like registration book, fitness certificate and driving licence can only be exercised strictly in accordance with the provisions in the Act or the Rules. Such action cannot be exercised merely under the shelter of departmental instructions.