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2026 DAILYLAW 21810 (CHH)

GANESH PRASAD DWIVEDI v. THE REGIONAL TRANSPORT AUTHORITY

WPC/2622/2026 · 2026-06-16

Shri Amitendra Kishore Prasad

body2026

Judgment text

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1 2026:CGHC:24224 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2622 of 2026 1 - Ganesh Prasad Dwivedi S/o Chadrabhan Prasad Dwivedi, Aged About 45 Years R/o - Subhash Nagar Colony, Kotra Road, Raigarh, Distt. - Raigarh (C.G.) ... Petitioner(s) versus 1 - The Regional Transport Authority Through Secretary, Indrawati Bhawan, Atal Nagar, Nawa Raipur, District - Raipur (C.G.) ... Respondent(s) (Cause Title is taken from CIS System) For Petitioner : Mr. Vivek Sahu, Advocate on behalf of Mr. Rahul Mishra, Advocate For State : Mr. Soumitra Kesharwani, P.L. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 17.06.2026 1. The present writ petition has been filed under Article 226 of the Constitution of India, whereby the petitioner seeks a direction to the respondent authorities to consider and decide his application VISHAKHA BEOHAR Digitally signed by VISHAKHA BEOHAR 2 for grant of Permanent Stage Carriage Permit on the route from Aasta to Raigarh via Jashpur, Kunkuri, Tapkara, Farsabahar, Bagbahar, Kotba, Lailunga and Ghargoda, including one return trip for his bus bearing registration No. CG 10 BG 2956, after depositing the requisite fee of Rs. 2500/-. 2. The petitioner submits that the instant petition is not directed against any specific order, but is confined to seeking a direction for expeditious consideration of his pending application for grant of Permanent Stage Carriage Permit. 3. Following reliefs have been prayed by way of this petition:- “10.1 That, this Hon'ble Court may kindly be pleased to call the records pertaining to case of petitioner. 10.2 That, this Hon'ble Court may kindly be pleased to direct the respondent to consider and decide the application of Permanent Stage Carriage, in accordance with provisions of Motor Vehicles Rule 1994. 10.3 Any other relief, which this Hon'ble Court may deem fit in favour of petitioner, may also be granted.” 4. Brief facts of the case, as projected by the petitioner, are that the petitioner has applied for grant of Permanent Stage Carriage Permit for the aforesaid route along with requisite documents and fees. It is contended that despite submission of the application, the respondent authority has failed to consider and decide the 3 same within a reasonable time. It is further submitted that due to non-grant of permit, the petitioner’s vehicle is lying idle, resulting in financial loss and hardship to the petitioner. Hence, the present writ petition has been filed seeking appropriate directions. 5. Learned counsel for the petitioner submits that the inaction on the part of the respondent authority in not deciding the petitioner’s application for grant of Permanent Stage Carriage Permit is arbitrary and unjustified. It is contended that consideration of such application is a statutory duty of the competent authority, and failure to decide the same is causing continuous financial loss to the petitioner. It is further submitted that in similar matters, this Court has directed the authorities to decide such applications within a stipulated time frame. 6. Per contra, learned State Counsel submits that if the petitioner has already submitted an application for grant of Permanent Stage Carriage Permit, the same shall be considered and decided by the competent authority in accordance with law, rules and regulations governing the field. It is submitted that the authority shall take a decision expeditiously. 7. I have heard learned counsel for the parties and perused the record. 8. Considering the limited prayer made by learned counsel for the petitioner and without entering into the merits of the claim, this Court is of the view that the present petition can be disposed of 4 with appropriate directions to the competent authority for expeditious consideration of the petitioner’s application. 9. Accordingly, taking into consideration the limited prayer made by learned counsel for the petitioner, at this juncture, the present petition is disposed of with a direction to the respondent authority to consider and decide the petitioner’s pending application for grant of Permanent Stage Carriage Permit for the route in question, in accordance with law, rules and regulations, expeditiously, preferably within a period of 45 days from the date of receipt/submission of a certified copy of this order. 10. It is made clear that this Court has not expressed any opinion on the merits of the claim of the petitioner, and the competent authority shall decide the matter independently and strictly in accordance with law. 11. With the aforesaid observations and directions, the present writ petition stands disposed of. 12. No order as to costs. sd/- (Amitendra Kishore Prasad) Judge Vishakha