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2025 DAILYLAW 53657 (CHH)

ROYAL TRAVELS v. STATE OF CHHATTISGARH

WPC/2021/2022 · 2025-04-08

Shri Amitendra Kishore Prasad

body2025

Judgment text

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1 2025:CGHC:16774 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2021 of 2022 1 - Royal Travels Through Its Managing Partner Sayyed Anwar Ali Son Of Sayyae Ahmad Ali, Aged About 53 Years, C/o Royal Travels, Shop No. 03, Pagaria Complex, New Bus Stand, Pandri, Raipur, District Raipur Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Department Of Transport Mahanadi Bhawan, Atal Nagar, Naya Raipur, District - Raipur Chhattisgarh. 2 - Regional Transport Authority Chhattisgarh, Indravati Bhawan, Atal Nagar, Naya Raipur, District Raipur Chhattisgarh. ... Respondent(s) For Petitioner : Shri Vipin Tiwari, Advocate For State : Shri Shreyansh Mehta, Panel Lawyer Hon’ble Shri Justice Amitendra Kishore Prasad Order on Board 09/04/2025 1. The petitioner is aggrieved by the inaction on the part of the Regional Transport Authority, Chhattisgarh by which even Digitally signed by GOPAL SINGH Date: 2025.05.24 16:25:54 +0530 2 after specific direction passed by the State Transport Appellate Tribunal vide its order dated 7.8.2020 it has not been complied with and the petitioner’s application for change of time to ply his bus on the basis of permit No.763/BTR/2018 on the route of Raipur to Konta via Kanker, Jagdalpur, Dornapal and vice versa has not been decided. The petitioner has prayed for the following reliefs: “10.1 That, this Hon’ble Court may kindly pass appropriate writ, direction or order to the respondents no.2 to grant the amended timing to the petitioner in compliance of the order 24.12.2021 (Annexure P-1) passed by the learned Tribunal in Appeal no.27/2020, in the stipulated period of 30 days. 10.2 Any appropriate writ, direction or order may also kindly be passed in favour of the petitioner, which this Hon’ble Court deems fit in the circumstances of the case.” 2. Learned counsel appearing for the petitioner submits that the petitioner has moved an application for change of timing of his bus before the Regional Transport Authority, Raipur, however, the Regional Transport Authority, Raipur has rejected the said application vide its order dated 13.7.2020 while holding that the reason assigned by the petitioner cannot be sustained for change of time. The petitioner has submitted that due to road condition much more time is being taken in plying the bus, however, the same has not been considered by the Regional Transport Authority and the application has 3 been rejected. Against the said rejection order dated 13.7.2020, an appeal was preferred before the State Transport Appellate Tribunal in which the State Transport Appellate Tribunal allowed the appeal and has remanded the matter back to the Regional Transport Authority while directing the Regional Transport Authority to consider the application of the petitioner under Rule 70-B of the Motor Vehicles Rules and to pass appropriate orders after hearing the parties and while giving them proper opportunity of hearing. This order was passed way back on 24.12.2021. However, when final order has not been passed by the Regional Transport Authority, the petitioner has filed this petition. 3. Learned counsel appearing for the State submits that perhaps the matter has become infructuous as either the matter has been decided by the Regional Transport Authority or the parties concerned are not interested in pursuing the matter. 4. Be that as it may, considering the facts and circumstances of the case, considering the order passed by the State Transport Appellate Tribunal, the Regional Transport Authority, Raipur is directed to consider and comply with the order passed by the State Transport Appellate Tribunal if the matter has not been decided till date. The Regional Transport Authority, Raipur is directed to decide the same within a period of 45 days from the date of production of a copy of this order while issuing notice to all the necessary parties including the petitioner and 4 to pass orders in accordance with law, if the matter has not been decided, while giving proper opportunity of hearing to all the concerned parties. 5. With the aforesaid observations and directions, the present petition is disposed of. Sd/- (Amitendra Kishore Prasad) JUDGE Gopal Singh