Orissa High Court
WP(C)/27282/2026 of CHINMAYA SWAIN Vs COMMISSIONER CUM SECRETARY TO GOVT OF ODISHA, CUTTACK on 1 September 2026
of 2 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.27282 of 2026 CNR No. ODHC010526122026 Chinmaya Swain …. Petitioner Mr. Akshaya Kumar Mohapatra, Advocate -versus- Commissioner-cum-Secretary to Government of Odisha, Transport Department and another …. Opp. Parties Mr. Pravakar
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.27282 of 2026
CNR No. ODHC010526122026
Chinmaya Swain
….
Petitioner
Mr. Akshaya Kumar Mohapatra, Advocate
-versus-
Commissioner-cum-Secretary to
Government of Odisha, Transport
Department and another
….
Opp. Parties
Mr. Pravakar Behera, Standing Counsel
For Transport Department
CORAM:
THE HON’BLE MR. JUSTICE CHITTARANJAN DASH
Order No.
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ORDER
01.09.2026
01.
1. Heard learned counsel for the parties.
2. By means of this application, the Petitioner seeks the following relief:- “Under the circumstances stated above, it is, therefore, prayed that this Hon'ble court may be graciously pleased to admit this writ application, call for the records, and after hearing the counsel, issue any other appropriate writ (s), direction (s), to the Opp. Parties;
(i) Direct the Opp. Party no.2 not to collect the tax and penalty M.V. Tax for the period from 01.04.2020 to 31.08.2023 and further additional and hold the action of the OPP, Parties as illegal and arbitrary and directing for payment of tax in suitable instalments, waiving out the penalty imposed thereon;
(ii) And pass such other Order (s), direction (5) as would deem fit and proper by this Hon’ble court.”
3. As revealed from the submission made by learned counsel for the Petitioner, the Petitioner is ready and willing to deposit the M.V. Tax. However, as regards the penalty, he would make a representation before the authority. In the event the Petitioner makes a representation before the authority with regard to the reconciliation of the penalty imposed within fifteen days, the same shall be dealt with in accordance with law, and the prayer of the Petitioner shall be disposed of within a period of one month after affording him an opportunity of being heard. However, the Petitioner shall deposit the M.V. Tax prior to making the application for consideration of the penalty.
4. With the above observation, the Writ Petition is disposed of.
(Chittaranjan Dash) Judge
AKPradhan Digitally Signed Signed by: ANANTA KUMAR PRADHAN Designation: Senior Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA Date: 02-Sep-2026 15:44:58 Signature Not Verified