1 / 3 2025:CGHC:54435 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2033 of 2022 Ali Raza S/o Late Shri Abdul Aziz Aged About 62 Years By Occupation Bus Operator, R/o Bhartiya Nagar, Bilaspur, District : Bilaspur, Chhattisgarh ... Petitioner(s) versus 1 - The State Of Chhattisgarh Through The Secretary, Government Of Chhattisgarh, Transport Department, Mantralaya, District : Raipur, Chhattisgarh 2 - The State Transport Authority Of Chhattisgarh Atal Nagar, Indirawati Bhawan, Naya Nagar, District : Raipur, Chhattisgarh 3 - Harihar Soni By Occupation Bus Operator, S/o Shri Shyamlal Soni, R/o Village Dhonhar, Tehsil Pendra, District : Bilaspur, Chhattisgarh 4 - Smt. Ketki Gupta By Occupation Bus Operator, C/o Lalla Chirri Bus Service, R/o Near Pendra Road,, District : Gaurela-Pendra-Marwahi, Chhattisgarh ... Respondent(s) For Petitioner : Mr. Subodh Pandey, Advocate For State : Mr. Akhilesh Kumar, Govt. Advocate Digitally signed by PRAVEEN KUMAR SINHA Date: 2025.11.12 10:38:52 +0530 2 / 3 SB: Hon'ble Shri Parth Prateem Sahu, Judge Order on Board 07/11/2025 1. The petitioner has filed this writ petition seeking following reliefs: “(i) The Hon'ble Court may kindly be pleased to issue a writ of certiorari by quashing the impugned order dated 3.3.2022 (Annx.P/4) passed by the respondent No.2. (ii) Any other reliefs which this Hon'ble Court deem fit in the circumstances of the case, may also be granted to the Petitioner together with the cost of this writ petition.” 2. Learned counsel for the petitioner submits that though on the date of filing of this writ petition challenging order dated 03.03.2022 (Annexure P-4) against rejection of his application for grant of stage carriage permit, remedy of appeal as provided under Section 89 of the Motor Vehicles Act, 1988 (for short “Act of 1988”) was available with the petitioner, however, at that relevant period of time, State Transport Appellate Tribunal was not functional and, therefore, this writ petition is filed by the petitioner. 3. Heard learned counsel for the petitioner. 4. Considering that this petition is pending since 13.04.2022 without any interim order or stay and that now State Transport Appellate Tribunal has become functional, I am inclined to dispose off this writ petition permitting the petitioner to challenge the order dated 03.03.2022 Annexure P-4 before State Transport Appellate Tribunal in accordance with the provision as provided under the Act of 1988. If the appeal as 3 / 3 provided under the Act of 1988 is preferred by the petitioner within a period of three weeks, State Transport Appellate Tribunal shall consider and decide the appeal filed by petitioner on merits without taking into consideration the period of limitation, more so when writ petition is filed within a period of 30 days from the date of passing of impugned order Annexure P-4. 5. It is further directed that in the event, petitioner prefers appeal, it is expected from the State Transport Appellate Tribunal to consider and decide the appeal expeditiously within a further period of four months from the date of filing of appeal by the petitioner, following due process of law. 6. With the aforesaid observation and direction, writ petition stands disposed off. Sd/- Sd/- (Parth Prateem Sahu) Judge Praveen