Disposes of a writ petition by directing the R.T.O. to consider the petitioner's application for permit and fitness certificate within a specified timeframe if submitted as per statutory rules.
Directed R.T.O. Chandikhole to dispose of permit/fitness application within six weeks if filed within two weeks.
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W.P.(C) No.493 of 2021
Heard Mr. Subash Chandra Pani, learned counsel for the petitioner and Mr. Pravakar Behera, learned Standing Counsel for Transport Department.
In this petition, the petitioner prays for a direction to opposite party no.1-R.T.O., Chandikhole to accept the tax for the vehicle Registration No.OD-04-N-2886(Truck) and also grant permit and fitness certificate.
Mr. Rout, learned counsel for the petitioner submits that the petitioner has approached the opposite party No.1 to accept the tax and also grant of permit and fitness certificate in accordance with law and so far as the balance of penalty is concerned, the petitioner is ready to prefer the procedure available before the appropriate authority in accordance with law for the penal amount imposed on his vehicle.
Mr. Behera, learned Standing Counsel for the Transport Department submits that if the petitioner makes an appropriate application in statutory form, i.e., Form No.16 of Odisha Motor Vehicle Rules for permit and Form No-II of Odisha Motor Vehicle Rules for issuance of fitness certificate within a stipulated time along with necessary documents before the R.T.O., Chandikhole, the said authority may dispose of the application of the petitioner in accordance with law, then the grievance of the petitioner shall be redressed.
Considering the submissions made by the parties, the writ petition is disposed of with a direction that in the event the petitioner shall make an appropriate application in statutory form, i.e., Form No.16 of Odisha Motor Vehicle Rules for permit
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and Form No-II of Odisha Motor Vehicle Rules for issuance of fitness certificate within 2(two) weeks along with necessary documents before the R.T.O., Chandikhole from today, so far as the issuance of necessary fitness certificate and permit is concerned, the R.T.O., Chandikhole-opposite party no.1 shall do well to dispose of the application filed by the petitioner in accordance with law as expeditious as possible preferably within a period of six weeks from the date of production of certified/authenticated copy of this order.
The opposite party no.1 shall act on production of certified/authenticated copy of this order along with the writ petition and relevant documents.
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.
……..…..………… P. Patnaik, J.
JB
Petitioner
R.T.O., Chandikhole
P. Patnaik
As recorded by the court registry
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