NRUSINGHANATH SAHOO Vs. STATE OF ORISSA

JUDGEMENT

(1.) This matter is taken up through hybrid mode.

(2.) The Petitioner in this writ petition prays for a direction to send the e-Challan/VCR dtd. 26/11/2021 in respect of the vehicle bearing Registration No.OR-02-AJ-1181 (TATA-709) to the jurisdictional Magistrate for appropriate relief. He further prays for a direction to the Regional Transport Officer, Cuttack to consider his case for issuance of fitness certificate and permit.

(3.) Mr. Behera, learned Standing Counsel for Transport Department submits that in view of Sec. 194 of the Motor Vehicles Act, 1988, the Petitioner is required to appear before the Authority, who has issued the VCR and pray for transmission of the record to the jurisdictional Magistrate, if he wants to contest the case. The Petitioner has not yet appeared before the authority and made such prayer. After amendment of the MV Act, 1988, overloading is being treated rigidly. Since the Challan/VCR amount is Rs.38,720.00, the Petitioner may be directed to deposit 50% of the same and contest the case before the jurisdictional Magistrate. He further submits that in view of the Road Safety Committee constituted by the Hon'ble Supreme Court, the driving license of the driver of the offending vehicle is liable to be suspended. Hence, he prays that the Petitioner is required to produce the driving license in original of the driver of the offending vehicle for taking appropriate action.