Arakhita Rout Vs R.T.O.Kendrapara — Orissa HC (2026) — LawSathi Research

Arakhita Rout Vs R.T.O.Kendrapara — Orissa HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of with directions: liberty to the Petitioner to file a comprehensive representation before Opposite Party No.1 (RTO, Kendrapada) within two weeks; the representation to be considered in accordance with law with a reasonable opportunity of hearing and a reasoned and speaking order, the entire exercise to be completed within two months of receipt of the representation; no opinion expressed on merits.

Issue for consideration

Whether the Opposite Party (RTO, Kendrapada) should be directed to accept tax of Rs.47,500/- for the vehicle's registration and grant permit and fitness certificate, with the balance penalty to be pursued through the procedure available under the statute, in relation to alleged non-compliance of section 13(2) of the O.M.V. Taxation, 1975 in the calculation of penalty and demanded arrear tax.

Court's answer

Without expressing any opinion on the merits of the claims, the Court disposed of the writ petition, granting the Petitioner liberty to approach Opposite Party No.1 (Regional Transport Officer, Kendrapada) by filing a comprehensive representation raising all grounds available to him in law with respect to the non-compliance of section 13(2) of the O.M.V. Taxation, 1975 regarding calculation of penalty and demanded arrear tax.

Ratio / Principle

If such a representation is filed within two weeks, Opposite Party No.1 shall consider it in accordance with law, keeping in view the relevant statutory provisions, circulars, executive instructions and policy decisions governing the field; the Petitioner shall be afforded a reasonable opportunity of hearing and a reasoned and speaking order shall be passed dealing with his contentions.

Key takeaways

The aforesaid exercise (consideration of the representation and passing of the reasoned and speaking order) shall be completed within two months from the date of receipt of the representation.ratio¶¶19

Detailed headnote1 paragraphs

Writ petition (W.P.(C) No.21568 of 2026, High Court of Orissa at Cuttack, Chittaranjan Dash, J.) disposed of without expressing any opinion on merits. The Petitioner sought a direction to the RTO, Kendrapada to accept tax of Rs.47,500/- for vehicle registration and to grant permit and fitness certificate, the balance penalty to be pursued under the statutory procedure. The Court granted liberty to file a comprehensive representation before Opposite Party No.1 raising all grounds available in law regarding non-compliance of section 13(2) of the O.M.V. Taxation, 1975 concerning calculation of penalty and demanded arrear tax. If filed within two weeks, the RTO was directed to consider the representation in accordance with law, keeping in view relevant statutory provisions, circulars, executive instructions and policy decisions, affording a reasonable opportunity of hearing and passing a reasoned and speaking order, completing the exercise within two months of receipt of the representation.

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.21568 of 2026

Arakhita Rout

…. Petitioner Mr. K.C. Majhi, Advocate

-versus-

R.T.O. Kendrapada & Another

…. Opp. Parties Mr. P. Behera, P.C. (For Transport)

CORAM:

THE HON’BLE MR. JUSTICE CHITTARANJAN DASH

ORDER

Order No.

17.07.2026

1. Heard learned counsel for the Parties.

By means of this application, the Petitioner seeks the following relief:-

“Under the circumstances stated above, it is therefore prayed that your Lordship may graciously be pleased to direct the Opp.party to accept the tax for Rs.47500/- for the vehicle Registration and also grant permit and fitness certificate in accordance with law and balance penalty is concerned the Petitioner shall prefer the procedure available below statute before the appropriate authority in accordance with law.”

Considering the limited nature of the grievance and without expressing any opinion on the merits of the claims advanced by the Petitioner, this Court disposes of the writ petition granting liberty to the Petitioner to approach Opposite Party No.1Regional Transport Officer, Kendrapada, by filing a comprehensive representation raising all grounds available to him in law with respect to the non-compliance of section 13(2) of

O.M.V. Taxation, 1975 regarding calculation of penalty and demanded arrear tax.

In the event such a representation is filed within a period of two weeks from today, Opposite Party No.1 shall consider the same in accordance with law, keeping in view the relevant statutory provisions, circulars, executive instructions and policy decisions, if any, governing the field. The Petitioner shall be afforded a reasonable opportunity of hearing and a reasoned and speaking order shall be passed dealing with the contentions raised by the Petitioner.

The aforesaid exercise shall be completed within a period of two months from the date of receipt of the representation.

With the above directions, the writ petition stands disposed of.

(Chittaranjan Dash)

Judge

Sarbani

Signature Not Verified

Digitally Signed Signed by: SARBANI DASH Designation: Junior Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 20-Jul-2026 10:19:41

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