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2026 DAILYLAW 19288 (CHH)

DINESH SHARMA v. STATE OF CHHATTISGARH

WPC/2507/2026 · 2026-05-14

Shri Amitendra Kishore Prasad

Writ Petition (Civil)body2026

Judgment text

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1 2026:CGHC:23136 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2507 of 2026 Dinesh Sharma S/o Late Vishnu Prasad Sharma Aged About 56 Years Bus Operator, Presently R/o State Bank Colony Bemetara Distt. Bemetara (C.G.) ... Petitioner versus 1 - State Of Chhattisgarh Through Secretary, Department Of Transport, Mantralaya, Mahanadi Bhawan, New Raipur (C.G.) 2 - Secretary Regional Transport Authority, Raipur Distt. Raipur (C.G.) ... Respondents (Cause-title taken from Case Information System) For Petitioner : Mr. Bharat Lal Dembra, Advocate For State/Respondents : Mr. Raj Kumar Gupta, Additional Advocate General Hon’ble Shri Amitendra Kishore Prasad, Judge Order on Board 15.05.2026 1 By filing the present writ petition, the petitioner has called in question the inaction on the part of respondent No.2 in not considering and deciding the application dated 30.03.2026 submitted by the petitioner seeking transfer of permanent stage carriage permit bearing No. 8/DRG/2018 for the route Silhati to Bemetara via Ranvirpur, Charbhata and Karesara with two return trips daily, YOGESH TIWARI Digitally signed by YOGESH TIWARI Date: 2026.05.15 18:19:49 +0530 2 despite the same being pending consideration till date. The petitioner has prayed for following relief(s) :- “10.1 The Hon'ble Court may kindly be pleased to issue appropriate writ of direction, directing the respondent no.02 to decide the application of the petitioner dated 30.03.2026 for transfer of permanent stage carriage permit bearing no. 8/DRG/2018 for the route Silhati to Bemetara via Ranvirpur, Charbhata, Karesara with two return trip daily, in accordance with law. 10.2. The Hon'ble Court may kindly be pleased to dispose off the petition in light of order dated 11.03.2026 passed in W.P.(C) no. 1028/2026 as the similar facts involved in that case also. 10.3 Any other relief which this Hon'ble Court may deems fit and proper looking to the facts and circumstances of the case may also be awarded to the petitioner including the cost and expenses of this petition.” 2 Learned counsel for the petitioner submits that the petitioner is a bus operator and is operating the vehicle on the strength of a permanent stage carriage permit bearing No. 8/DRG/2018 for the route Silhati to Bemetara via Ranvirpur, Charbhata and Karesara with two return trips daily. It is submitted that the petitioner and the proposed transferee namely Lilesh Sahu, having mutual consent and understanding, agreed for transfer of the aforesaid permit in accordance with law. 3 3 He would further submit that under Section 82 of the Motor Vehicles Act, provision has been made for transfer of permit and in pursuance thereof, the petitioner has already submitted an application dated 30.03.2026 before respondent No.2 along with all requisite documents, prescribed fee and after completing all necessary formalities. However, despite lapse of considerable time, the said application is still pending consideration and no decision has been taken by the competent authority till date. 4 Learned counsel for the petitioner further submits that as per Rule 74 of the Chhattisgarh Motor Vehicles Rules, 1994, the respondent authority is under obligation to consider and decide the application within a reasonable time. It is also submitted that in similar circumstances, this Court in W.P.(C) No.1028/2026 vide order dated 11.03.2026 directed the competent authority to decide the pending application for transfer of permit within a stipulated time. Therefore, the petitioner is also seeking a similar direction in the present writ petition. 5 On the other hand, learned State counsel concurs with the submissions advanced by learned counsel for the petitioner and submits that in similar circumstances, this Court in W.P.(C) No.1028/2026 has already directed the competent authority to consider and decide the pending application for transfer of permit within a stipulated time. He submits that if a similar direction is issued in the present case, the respondents have no objection to the same. 4 6 I have heard learned counsel for the parties and perused the material available on record. 7 Considering the facts and circumstances of the case, particularly considering the limited prayer made by learned counsel for the petitioner, which is not opposed by learned State counsel, this Court deems it appropriate to dispose of the present writ petition directing respondent No.2/competent authority to consider and decide the application dated 30.03.2026 submitted by the petitioner for transfer of permanent stage carriage permit bearing No.8/DRG/2018 for the route Silhati to Bemetara via Ranvirpur, Charbhata and Karesara with two return trips daily, strictly in accordance with the provisions of Section 82 of the Motor Vehicles Act and Rule 74 of the Motor Vehicle Rules, preferably within an outer limit of 30 days from the date of receipt of certified copy of this order. 8 It is made clear that this Court has not expressed any opinion on the merits of the claim of the petitioner. 9 With the aforesaid observations and directions, the instant writ petition stands disposed of. 10 Pending application(s), if any, shall also stand disposed of. Sd/- Sd/- (Amitendra Kishore Prasad) Judge Yogesh