Dismissed

M/S.Kalinga Trade and Travels, Cuttack v. the Transport Commnr.-Cum-Chairman, Sta, Cuttack

Orissa HC24 Jun 2022WP(C)/15388/2022

Case brief

AI extract

What is this about?

In this writ petition, the petitioner sought direction for cancellation of registration of a destroyed vehicle. The Court directed the Regional Transport Officer to decide the cancellation application expeditiously within three weeks, adhering to instructions from the Transport Commissioner regarding tax or penalty pendency not being a bar.

What did the court decide?

Direction to the Regional Transport Officer to decide the cancellation application under Section 55 of the Motor Vehicles Act, 1988 within three weeks.

M/S.Kalinga Trade and Travels, Cuttack Vs the Transport… — Property and Title | Orissa HC (2022)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C) No. 15388 OF 2022

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M/s Kalinga Trade and Travels, Cuttack.

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…. Petitioner

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Ms. Shashmita Nayak, Advocate

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-versus-

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…. The Transport Commissioner-cum Opp. Parties Chairman, State Road Transport Authority (STA), Cuttack and another

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Mr. Pravakar Behera,

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Standing Counsel, Transport

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CORAM:

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JUSTICE K.R. MOHAPATRA

Order No.

ORDER 24.06.2022

This matter is taken up through Hybrid mode.

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This writ petition has been filed for a direction Regional Transport Officer, Chandikhole-Opposite Party No.2 to pass necessary order for cancellation of registration certificate in respect of vehicle bearing registration No.OR-04-N-1741 (Mini Van) pursuant to the application made to that effect by the Petitioner on 18^th May, 2022 (Annexure-2).

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Ms. Nayak, learned counsel for the Petitioner submits that the registration certificate of the vehicle in question has been issued in favour of the Petitioner. But in the meantime, the vehicle has been destroyed for which the Petitioner made an application in proper format (Annexure-2) for cancellation of registration under Section 55 of the Motor Vehicles Act, 1988 (for short ‘MV Act’), which is yet to be considered. It is further submitted that the Commissioner-cum-Chairman, STA, Cuttack-

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Page 1 of 3

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// 2 //

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Opposite Party No.1, vide his letter No.11010/TC dated 11^th December, 2020 (Annexure-1), instructed all the Transport Officers of the State to follow the procedure laid down therein for cancellation of registration certificate under Section 55 of the MV Act. It is also indicated therein that the registering authority will cancel the certificate of registration within ten days and enter the same in VAHAN application and that pendency of arrear tax and penalty under the Odisha Motor Vehicles Taxation Act, 1975 (for short, ‘OMVT Act’) or Tax Recovery Proceeding or audit dues (IR) or VCR/ E-challan or Prosecution Report shall not be a bar for cancellation of certificate or registration under Section 55 of the MV Act.

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3.1 In view of the above Ms. Nayak, learned counsel for the Petitioner submits that there is no impediment for consideration of the application of the Petitioner under Annexure-2. The Opposite Party No.2-RTO although received the application under Annexure-2 for cancellation of registration certificate, but has not taken any action on the same. Hence, this writ petition has been filed for the aforesaid relief.

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Mr. Behera, learned Standing Counsel for the Transport Department submits that the application submitted by the Petitioner under Annexure-2 is required to be considered keeping in mind the instructions issued by the CommissionerChairman, STA.

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In view of the submissions made by learned counsel for the parties, this Court without expressing any opinion on the merit of the application filed by the Petitioner under Annexure2, disposes of the writ petition with a direction that on

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Page 2 of 3

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// 3 //

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production of certified copy of the order, the Opposite Party No.2-RTO, Chandikhole shall take a decision on the application of the Petitioner under Annexure-2 for cancellation of the registration certificate in respect of vehicle bearing registration No. OR-04-N-1741 (Mini Van) in the light of the instructions issued by Commissioner-Chairman, STA-Opposite Party No.1 under Annexure-1, as expeditiously as possible preferably within a period of three weeks therefrom and communicate the same to the Petitioner.

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s.s.satapathy

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Issue urgent certified copy of the Order on proper
application.
(K.R. Mohapatra)
Judge

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M/S.Kalinga Trade and Travels, Cuttack v. the Transport Commnr.-Cum-Chairman, Sta, Cuttack

Case brief

What is this about?

What did the court decide?

M/S.Kalinga Trade and Travels, Cuttack v. the Transport Commnr.-Cum-Chairman, Sta, Cuttack

Case brief

What is this about?

What did the court decide?

What the court decided

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