Disposed

Satyaki Swain v. State of Odisha

Orissa HC21 Jan 2021WP(C)/1956/2021

Case brief

AI extract

What is this about?

Petitioner challenged denial of temporary registration for transporting a purchased vehicle to Pune for alterations needed for disabled operation. Court granted liberty to file an application under section 43 MV Act.

What did the court decide?

Liberty granted to petitioner to file application under section 43 of MV Act, 1988 within a week; Registering authority to decide within two weeks.

Satyaki Swain Vs State of Odisha — Writ and Judicial Review | Orissa HC (2021)

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W.P.(C) No.1956 of 2021

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02 21.01.2021

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This matter is taken up through Video Conferencing because of COVID-19.

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Heard Mr.Bhabani Sankar Das, learned counsel for the petitioner and Mr.Pravakar Behera, learned Standing Counsel for Transport department.

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In this writ petition, the petitioner has assailed the action of the opposite party no.3 in not granting temporary registration to the vehicle purchased by the petitioner in order to move the vehicle to Pune for fitment/alteration of vehicle for exclusive operation by the petitioner as disabled person.

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Mr.Pravakar Behera, learned Standing Counsel for Transport department submits that under section 43 of the Motor Vehicles Act, 1988 the petitioner may approach the Regional Transport Officer, Cuttack, opposite party no.3, for temporary registration of the vehicle in order to move to the manufacturer of the vehicle for fitment of the vehicle.

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Learned counsel for the petitioner submits that liberty may be given to the petitioner to approach the opposite party no.3 by filing an application under section 43 of the M.V.Act, 1988 within a week. He further submits that if a direction would be issued to the Registering authority, opposite party no.3 to grant temporary registration of the vehicle of the petitioner within a stipulated time to enable him to move to the manufacturer i.e. at Pune for fitment of the vehicle, the

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grievance of the petitioner shall be meted out.

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Considering the limited nature of grievance of the petitioner and without delving into the merits of the matter, the writ petition is disposed of with a liberty to the petitioner to approach the opposite party no.3 by way of filing an application under section 43 of the M.V.Act, 1988 within a week hence and the opposite party No.3 shall do well to take a decision on the application of the petitioner within a period of two weeks on its own merit in accordance with law as expeditiously as possible preferably within a period of two weeks on production of certified/authenticated copy of this order along with a copy of the writ petition and application.

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The opposite party no.3 shall act on production of certified/authenticated copy of this order along with a copy of the writ petition and representation. As restrictions are continuing for COVID-19, learned counsel for the parties may utilize the soft copy of this order available in the High Court’s Website or print out thereof at par with certified copies in the matter prescribed, vide Court’s Notice No.4587, dated 25.03.2020.

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P.Patnaik,J

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Satyaki Swain v. State of Odisha

Case brief

What is this about?

What did the court decide?

Satyaki Swain v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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