Disposed

Jaspal Singh v. Regional Transport Officer, Nayagarh

Orissa HC13 Jan 2021WP(C)/425/2021

Case brief

AI extract

What is this about?

Writ petition filed by a vehicle owner against the Transport Department seeking release of seized vehicle. Court directed the department to hear grievances afresh under Section 194 of the Motor Vehicle Act, 1988, and release the vehicle upon depositing 60% of the fine within four weeks.

What did the court decide?

Directions issued to the opposite party to hear grievance afresh and release vehicle upon depositing 60% of fine within four weeks.

Jaspal Singh Vs Regional Transport Officer, Nayagarh — Writ and Judicial Review | Orissa HC (2021)

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W.P.(C) No.425 of 2021

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02. 13.01.2021

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This matter is taken up through Video Conferencing in the wake of Lockdown due to Pandemic COVID-19.

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Heard Mr. Braja Mohan Sarangi, learned counsel for the petitioner and Mr. Pravakar Behera, learned Standing Counsel for Transport Department.

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In this petition, the petitioner prays for direction to the opposite party to release the vehicle of the petitioner bearing Registration No.OD-15-J-2157 and with a further direction to send the challan to the concerned court for appropriate relief in accordance with law.

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Mr. Sarangi, learned counsel for the petitioner submits that while the vehicle of the petitioner was plying on 07.12.2020, the opposite party seized the vehicle vide challan dated 07.12.2020 demand a sum of Rs.44,140/-. The petitioner requested the opposite party to send the challan to the concerned court for trial and during trial, the vehicle be released in his favour. He further submits that the opposite party is not sending the challan to the appropriate court and demanded compounding fees, which is not permissible under law.

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Learned counsel for the petitioner submits that the petitioner may be allowed to deposit 60% of the demand amount.

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Learned counsel for the petitioner also submits that if a direction would be issued to the Regional Transport Officer, Nayagarh to consider the grievance of the petitioner

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with regard to issuance of challan and release of the vehicle from the custody of the opposite party within a stipulated time, then the grievance of the petitioner shall be redressed.

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Mr. Behera, learned Standing Counsel for the Transport Department submits that since the vehicle was over loaded, the opposite party has rightly taken action against the vehicle of the petitioner.

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Considering the limited nature of grievance, this Court disposes of the writ petition directing the opposite party to hear the grievance afresh as per Section 194 of the Motor Vehicle Act, 1988 for release of the vehicle of the petitioner on depositing 60% of the fine amount as expeditiously as possible preferably within a period of four weeks from the date of production of certified/authenticated copy of this order.

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The opposite party shall act on production of certified/authenticated copy of this order along with the copy of the writ petition and representation.

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As restrictions are continuing due to COVID-19 pandemic, learned counsel for the parties may utilize the soft copy of this order available in the High Court’s official website or print out thereof at par with certified copies in the manner prescribed, vide Court’s Notice No. 4587 dated 25.03.2020.

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……..…..…………

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P. Patnaik, J.

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Jaspal Singh v. Regional Transport Officer, Nayagarh

Case brief

What is this about?

What did the court decide?

Jaspal Singh v. Regional Transport Officer, Nayagarh

Case brief

What is this about?

What did the court decide?

What the court decided

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