Disposed¶22

Swapnamayee Swain v. State of Odisha

Orissa HC24 Jan 2024WP(C)/535/2024

Case brief

AI extract

What is this about?

W.P.(C) No. 535 of 2024, High Court of Orissa, Justice K.R. Mohapatra, order dated 24.01.2024. Keywords: temporary permit; stage carriage; e-challan; Section 192-A of the MV Act, 1975; Section 71(d) of the MV Act; State Transport Authority Odisha; Chairman STA; route Bhubaneswar-Tiring via Ghatgaon-Karanjia; vehicle registration OD-04-M-5085; disposal without expressing opinion on merits; fresh application to be considered in accordance with law.

What did the court decide?

Writ petition disposed of with the observation that any fresh application submitted by the Petitioner for temporary permit in respect of her vehicle shall be considered in accordance with law; urgent certified copy of the order to be issued on proper application. ¶22

Swapnamayee Swain Vs State of Odisha — Orissa HC (2024) — LawSathi Research

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Signature Not Verified

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Digitally Signed Signed by: SASANKA SEKHAR SATAPATHY Reason: Authentication Location: HIGH COURT OF ORISSA CU TTACK Date: 25-Jan-2024 19:23:35

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C) NO. 535 OF 2024 Swapnamayee Swain …. Petitioner

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Mr. Soumendra Pattanaik, Advocate

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-versus-

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State of Odisha and others

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…. Opp. Parties

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CORAM:

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Order No.

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JUSTICE K.R. MOHAPATRA ORDER 24.01.2024

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This matter is taken up through hybrid mode.

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Petitioner in this writ petition seeks to assail the order dated 7^th December, 2023 (Annexure-5) passed by Chairman, State Transport Authority, Odisha, Cuttack-Opposite Party No.2, whereby an application filed by the Petitioner for grant of temporary permit in respect of stage carriage of the Petitioner bearing registration No.OD-04-M-5085 on the rout from Bhubaneswar to Tiring via, Ghatgaon-Karanjia and back, has been rejected.

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Mr. Pattanaik, learned counsel for the Petitioner submits

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that in view of restrictions imposed for grant of stage carriage permit, the application of the Petitioner was rejected as an e-challan in respect of the said vehicle under Section 192-A of the MV Act, 1975 was issued and the Petitioner had deposited the fine. It is submitted that in the meantime, period of restriction for grant of temporary permit in view of policy decision has already been over. Hence, interest of justice will be served better, if the Petitioner makes a fresh application for temporary permit in respect of her vehicle.

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Page 1 of 2

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// 2 //

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Signature Not Verified

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Digitally Signed Signed by: SASANKA SEKHAR SATAPATHY Reason: Authentication Location: HIGH COURT OF ORISSA CU TTACK Date: 25-Jan-2024 19:23:35

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Mr. Behera, learned Standing Counsel for Transport Department submits that the impugned order is justified and should not be interfered with. The Petitioner was issued with the e-challan under Section 192-A of the MV Act. Hence, the authority has the power to refuse grant of temporary permit in view of Section 71(d) of the MV Act. He, therefore, submits that the writ petition is devoid of any merit. He, however, submits that the Petitioner, if makes a fresh application, the same may be considered in accordance with law.

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In view of the above, this Court, without expressing any opinion on the merit of the submission of Mr. Pattanaik, learned counsel for the Petitioner, disposes of the writ petition with an observation that if any fresh application is submitted by the Petitioner for temporary permit in respect of her vehicle, as aforesaid, the same `shall be considered in accordance with law.

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

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s.s.satapathy

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Swapnamayee Swain v. State of Odisha

Case brief

What is this about?

What did the court decide?

Swapnamayee Swain v. State of Odisha

Case brief

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