A writ petition was disposed of without merits, directing the petitioner to make a statutory application for fitness NOC and directing the Transport Department to consider their representation within four weeks.
Petitioner directed to file statutory application; opposite party to consider representation within four weeks.
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W.P.(C) No.424 of 2021
Heard Mr. Braja Mohan Sarangi, learned counsel for the petitioner and Mr. P.K. Behera, learned Standing Counsel for the Transport Department.
In the present writ petition, the petitioner has prayed for a direction to opposite party no.1 to issue NOC for the vehicle registration number OD-14-L-5781(Truck) and not to demand the additional fees towards fitness as per the Government of India notification dated 29.12.2016.
Mr. Sarangi, learned counsel for the petitioner contended that the petitioner has filed an application for issuance of NOC but, the same has not yet been considered and if a direction would be issued to the opposite party no.1 to consider the case of the petitioner in proper perspective, the grievance of the petitioner shall be redressed.
Mr. Behera, learned Standing Counsel for the Transport Department, on the other hand, submits that the petitioner may kindly be directed to make statutory application along with fees before the competent authority for redressal of his grievance.
Considering the submissions made by learned counsel for the parties and without delving into the merits of the case, the writ petition is disposed of with a liberty to the petitioner to make statutory application along with
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fees before the opposite party no.1 within a period of two weeks hence and in the event of filing statutory application before the opposite party no.1 by the petitioner, the opposite party no.1 shall do well to consider the representation of the petitioner in accordance with law as expeditiously as possible preferably within a period of four weeks from the date of production of certified/ authenticated copy of this order.
Authenticated copy of this order downloaded from the website of this Court shall be treated at par with certified copy in the manner prescribed in this Court’s Notice No.4587 dated 25.03.2020.
…………..…..……
P. Patnaik, J.
JB
petitioner
Transport Department
P. Patnaik
As recorded by the court registry
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