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Orissa HC direct RTO to decide on vehicle registration cancellation application

Case Law Details

TaxGuru Citation
2024 taxguru.in 3778
Case Name
Bijaya Kumar Mallick Vs State of Odisha and others (Orissa High Court)
Date of Judgement/Order
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Bijaya Kumar Mallick Vs State of Odisha and others (Orissa High Court)

In the case of Bijaya Kumar Mallick vs. State of Odisha and others, the Orissa High Court addressed a petition filed by Mallick, seeking the cancellation of a vehicle registration certificate for a vehicle that had been destroyed. Despite submitting an application in July 2024, the Regional Transport Officer (RTO) of Chandikhole had not taken any action. Mallick’s application was in line with the instructions from the State Transport Authority (STA), which emphasized that pending taxes or penalties should not hinder the cancellation process under Section 55 of the Motor Vehicles Act, 1988. The High Court directed the RTO to consider the application in accordance with STA guidelines and issue a decision within three weeks. The Court refrained from expressing any opinion on the merits of the application and ordered prompt communication of the decision to the petitioner.

FULL TEXT OF THE JUDGMENT/ORDER OF ORISSA HIGH COURT

This matter is taken up through hybrid mode.

2. This writ petition has been filed for a direction to the Regional Transport Officer, Chandikhole-Opposite Party No.3 to pass necessary order for cancellation of registration certificate in respect of vehicle bearing Registration No. OR-04-E-9308 (MINITK) pursuant to the application made to that effect by the Petitioner on 11th July, 2024 (Annexure-2).

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Author Info

CA Sandeep Kanoi
Qualification: CA in Job / Business
Company: Taxguru Consultancy
Location: Mumbai, Maharashtra
Articles Published: 19,758

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