Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:37797
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 5311 of 2024 1 - Vashiur Rahman S/o Late Abdul Rashid Aged About 48 Years R/o Kharsiyanaka, Ring Road, Ambikapur, Surguja Chhattisgarh
... Petitioner(s) versus 1 - The State Of Chhattisgarh Through Secretary, Transport Department, Government Of Chhattisgarh, Mantralaya, Raipur Chhattisgarh 2 - Regional Transport Authority Chhattisgarh Sector-27, New Raipur Chhattisgarh 3 - Mohd. Shabuddin C/o Popular Bus Service, Near Bus Stand, Ambikapur, Surguja Chhattisgarh 4 - Raipur Bus Service Office - G.E. Road, Near Old Pulgaon Naka, Durg Chhattisgarh 5 - Jai Jhulelal Bus Service Through Its Partner Nandlal Verma, R/o Hightake Bus Stand, Housing Board Colony, Hig-D-40, Bilaspur Chhattisgarh 6 - New Royal Travels Through Its Partner Sayyed Anwar Ali, New Bus Stand, Bhatagaon, Raipur Chhattisgarh
2 7 - Sanjay Singh Bus Operator, C/o Singh Bus Service, New Bus Stand, Raipur Chhattisgarh 8 - Pradeep Sinha Bus Operator, C/o New Bus Stand, Bhatagaon, Raipur Chhattisgarh
... Respondent(s) For Petitioner(s) : Shri Subodh Pandey, Advocte through VC for the petitioner. For Respondent/State : Ms. Upasna Mehta, Dy.GA
(Hon’ble Shri Justice Arvind Kumar Verma)
Order on Board 30/07/2025 Challenge of the petitioner by this petition is for quashing the
order dated 26.07.2024 passed by the respondent No.2 whereby the application of the petitioner for grant of counter signature of regular stage carriage permit bearing No. SCP-610/B/2-018 in the route from Durg to Ambikapur via Raipur, Nandghat, Bilaspur Katghorand back was rejected.
2. Contention of the counsel for the petitioner is that the petitioner has submitted application dated 11.04.2023 for grant of renewal of regular stage carriage permit and it is still pending and therefore direction may be issued to the respondent NO.2 to decide the application in accordance with law.
3. Learned State counsel submits that the instant petition filed by the petitioner is devoid of merits as the order dated 26.07.2024 passed by the RTA, Raipur Chhattisgarh under Section 81(1) of the Motor Vehicles Act, the application filed by the petitioner has been rejected.
3 Against the said order, the petitioner ought to have approached the competent authority under Section 89 of the Motor Vehicles Act, 1988 before the State Transport Appellate Tribunal, Chhattisgarh and without availing the statutory efficacious alternative remedy, the petitioner has approached this Court under Article 226 of the Constitution of India and therefore it is not maintainable. However, she submits that the petitioner has become infructuous with lapse of time because the Permanent Stage Carriage Permit granted in favour fo the petitioner by the RTA, Durg has expired on 15.04.2023.
4. In view of the submission made by the State counsel, by efflux of time, the petition has become infructuous. Accordingly, the petition is dismissed as having become infructuous. Sd/- (Arivnd Kumar Verma) Judge SUGUNA DUBEY Digitally signed by SUGUNA DUBEY Date: 2025.08.01 15:20:26 +0530