Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:14858
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1885 of 2022 1 - Gurbhej Singh Chhabra Shri Raghuveer Singh Chhabra Aged About 42 Years R/o Gurudwara Road 36, Ambikapur, Distt.- Surguja, C.G.
... Petitioner(s) versus 1 - State Of Chhattisgarh Through- The Secretary, Department Of Transport,
New
Mantralaya,
New
Raipur
C.G. 2 - State Transport Authority Chhattisgarh, Indrawati Bhawan, New Raipur
(C.G.) 3 - Secretary State Tranasport Authority, Indrawati Bhawan, New Raipur (C.G.) 4 - Vijay Kumar Garg S/o T.R. Garg, Bus Operator, R/o Village- Patthalgaon,
Distt.-
Jashpur
(C.G.) 5 - M/s Ambika Transport Through- Pradeep Kumar Agrawal, R/o Seth Basant Lal Marg, Ambikapur, Distt.- Surguja (C.G.) 6 - M/s Chhabra Bus Service Bus Operator, R/o Ring Road, Namnakala, Ambikapur, Distt. Surguja (C.G.)
... Respondents (Cause-title taken from the Case Information System) ------------------------------------------------------------------------------------------------ For Petitioner :- Mr. Anshul Ranjan Shrivastava, Advocate For State :- Mr. Santosh Bharat, P.L. ------------------------------------------------------------------------------------------------ SB- Hon'ble Shri Justice Amitendra Kishore Prasad VISHAKHA BEOHAR Digitally signed by VISHAKHA BEOHAR
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Order On Board 27.03.2025
1. The petitioner is not challenging any particular order but the petitioner is aggrieved by the inaction of the respondents, who have not complied the order dated 31/01/2022 passed by Learned State Transport Appellate Tribunal, Chhattisgarh, Raipur in Appeal no. 20/2020, whereby appeal no. 20/2020 has been allowed and the Learned Tribunal has directed to respondent no. 02 to grant interstate regular permit on the route Raigarh to Ranchi via Gharghoda, Dharmajaigarh, Patthalgaon, Kansabel, Kunkuri, Jashpur, Lodam, Gumla, Lohardaga, Kudu and one single trip daily to the petitioner. Hence this petition. 2. The petitioner is seeking following reliefs:-
“10.1 The Hon'ble Court may kindly be pleased to issue a writ of mandamus directing the respondent no. 2 to compliance the order passed by the Learned Tribunal on dated 31/01/2022 (Ann. P/3) and issue the regular permit to the petitioner on the route Raigarh to Ranchi via Gharghoda, Dharmajaigarh, Patthalgaon, Kansabel, Kunkuri, Jashpur, Lodam, Gumla, Lohardaga, Kudu and one single trip daily. 10.2 That, any other relief which this Hon'ble Court may deem fir to grant in the fact and circumstances to the petitioner may also kindly be granted. 10.3 Any other relief which the Hon'ble Court may deems fit and proper may also be granted in favour of the petitioner.”
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3. Learned counsel for the petitioner submits that learned Tribunal has considered all legal aspects and passed the order and the petitioner has already submitted all the documents prescribed under the law and given all information in column of the application which is already in record. It is stated that the respondent No.2 ought to have obeyed the order passed by the Tribunal while considering the aspect that once the order passed by the appellate Tribunal under Section 89 of the Motor Vehicle Act would be final. He further submits that the respondent no. 02 is working as quasi judicial authority, therefore the order passed by the appellate Tribunal be obeyed. He further submits that the application has been filed by the petitioner in this regard to the competent authority but it has not been decided till date. He also submits that some order has been passed while remanding the case back to the concerned competent authority. 4. Learned State counsel opposes the submission made by learned counsel for the petitioner. 5. I have heard learned counsel for the parties and perused the record. 6.
Considering the facts and circumstances of the case and further considering the submissions made by the parties, the petitioner is
directed to pursue his application which has already been filed before the concerned competent authority and the concerned competent authority is directed to consider and decide the said
4 application of the petitioner, in accordance with law, within a stipulated time.
7. With this observation/direction, the writ petition stands disposed off. Sd/- (Amitendra Kishore Prasad) Judge Vishakha