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2026 DAILYLAW 23322 (CHH)

M/S DADA BROTHERS v. STATE OF CHHATTISGARH

WPC/3086/2026 · 2026-06-23

Shri Amitendra Kishore Prasad

body2026

Judgment text

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1 2026:CGHC:25796 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3039 of 2026 1 - M/s Dada Brothers Through Its Partner Vinit Kumar Lunia, Aged About 32 Years, S/o Shri Inder Lunia, Bus Operator, R/o Chaukhadiyapara, Near Durga Mandir, Rajnandgaon Distt. Rajnandgaon (C.G.) --- Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Department Of Transport, Mantralaya, Mahanadi Bhawan, New Raipur (C.G.) 2 - Secretary, Regional Transport Authority, Jagdalpur Division, Sector - 27, Nava Raipur Distt. Raipur (C.G.) --- Respondent(s) WPC No. 3096 of 2026 1 - M/s Dada Brothers Through Its Partner Vinit Kumar Lunia, Aged About 32 Years, S/o- Shri Inder Lunia, Bus Operator, R/o- Chaukhadiyapara, Near Durga Mandir, Rajnandgaon District- Rajnandgoan (C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through Secretary, Department Of Transport, Mantralaya, Mahanadi Bhawan, New Raipur (C.G.) 2 - Secretary, Regional Transport Authority, Jagdalpur Division, Sector-27, Nava Raipur, District- Raipur (C.G.) --- Respondent(s) WPC No. 3093 of 2026 1 - M/s Dada Brothers Through Its Partner Vinit Kumar Lunia, Aged About 32 Years, S/o Shri Inder Lunia, Bus Operator, R/o Chaukhadiyapara, Near Durga Mandir, Rajnandgaon, Distt. Rajnandgaon, Chhattisgarh. ---Petitioner(s) AVINASH SHARMA Digitally signed by AVINASH SHARMA Date: 2026.06.27 14:39:38 +0530 2 Versus 1 - State Of Chhattisgarh Through Secretary, Department Of Transport, Mantralaya, Mahanadi Bhawan, New Raipur, Chhattisgarh. 2 - Secretary Regional Transport Authority, Jagdalpur Division, Sector 27, Nava Raipur, Distt. Raipur, Chhattisgarh. --- Respondent(s) WPC No. 3092 of 2026 1 - M/s Dada Brothers Through Its Partner Vinit Kumar Lunia Aged About 32 Years S/o Shri Inder Lunia Bus Operator R/o Chaukhadiyapara Near Durga Mandir Rajnandgaon Distt- Rajnandgaon (C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through Secretary Department Of Transport Mantralaya Mahanadi Bhawan New Raipur (C.G.) 2 - Secretary Regional Transport Authority Jagdalpur Division Sector- 27, Nava Raipur Distt- Raipur (C.G.) --- Respondent(s) WPC No. 3088 of 2026 1 - M/s Dada Brothers Through Its Partner Vinit Kumar Lunia, Aged About 32 Years S/o Shri Inder Lunia, Bus Operator R/o Chaukhadiyapara Near Durga Mandir, Rajnandgaon Distt- Rajnandgaon (C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through Secretary, Department Of Transport, Mantralaya, Mahanadi Bhawan, New Raipur (C.G.) 2 - Secretary, Regional Transport Authority, Jagdalpur, Division Sector- 27, Nava Raipur Distt- Raipur (C.G.) --- Respondent(s) WPC No. 3086 of 2026 1 - M/s Dada Brothers Through Its Partner Vinit Kumar Lunia, Aged About 32 Years, S/o Shri Inder Lunia, Bus Operator, R/o Chaukhadiyapara, Near Durga Mandir, Rajnandgaon, Distt. Rajnandgaon (C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through Secretary, Department Of Transport, Mantralaya, Mahanadi Bhawan, New Raipur (C.G.) 3 2 - Secretary Regional Transport Authority, Jagdalpur Division, Sector- 27, Nava Raipur, Distt. Raipur (C.G.) --- Respondent(s) WPC No. 3079 of 2026 1 - M/s Dada Brothers Through Its Partner Vinit Kumar Lunia, Aged About 32 Years S/o Shri Inder Lunia, Bus Operator R/o Chaukhadiyapara Near Durga Mandir, Rajnandgaon Distt- Rajnandgaon (C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through Secretary, Department Of Transport, Mantralaya, Mahanadi Bhawan, New Raipur (C.G.) 2 - Secretary, Regional Transport Authority, Jagdalpur, Division Sector- 27, Nava Raipur Distt- Raipur (C.G.) --- Respondent(s) WPC No. 3076 of 2026 1 - M/s Dada Brothers Through Its Partner Vinit Kumar Lunia, Aged About 32 Years S/o Shri Inder Lunia, Bus Operator R/o Chaukhadiyapara Near Durga Mandir, Rajnandgaon Distt- Rajnandgaon (C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through Secretary, Department Of Transport, Mantralaya, Mahanadi Bhawan, New Raipur (C.G.) 2 - Secretary, Regional Transport Authority, Jagdalpur, Division Sector- 27, Nava Raipur Distt- Raipur (C.G.) --- Respondent(s) WPC No. 3046 of 2026 1 - M/s Dada Brothers Through Its Partner Vinit Kumar Lunia Aged About 32 Years, S/o Shri Inder Lunia, Bus Operator, R/o Chaukhadiyapara, Near Durga Mandir, Rajnandgaon Distt. Rajnandgaon (C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through Secretary, Department Of Transport, Mantralaya Mahanadi Bhawan, New Raipur (C.G.) 2 - Secretary, Regional Transport Authority, Jagdalpur Division, Sector -27 , Nava Raipur Distt. Raipur (C.G.) --- Respondent(s) 4 For Petitioner(s) : Shri Bharat Lal Dembra, Advocate. For State/respondent : Shri Anand Dadariya, Dy AG. SB- Hon'ble Shri Justice Amitendra Kishore Prasad Order On Board 24/06/2026 1. Since grievance projected in these petitions is one and the same, they have been clubbed together and are being disposed of by this common order. 2. In WPC No.3039 of 2026, the petitioner is seeking a direction to respondent No.2 -Secretary, Regional Transport Authority, Jagdalpur, to consider and decide the petitioner’s application dated 02.03.2026 for grant of Permanent Stage Carriage Permit on the route Nagarnar to Kawardha via Jagdalpur, Kondagaon, Kanker, Kurud, Abhanpur, Raipur, Bhilai, Durg, Gandai and back, which according to the petitioner is pending consideration. 3. In WPC No.3046 of 2026, the petitioner is seeking a direction to respondent No 2 -Secretary, Regional Transport Authority, to consider and decide the petitioner’s application dated 02.03.2026 for grant of Permanent Stage Carriage Permit on the route Durg to Bailadila via Power House, Raipur, Dhamtari, Charama, Keshkal, Kondagaon, Bastar, Geedam, Bacheli and back, which according to the petitioner is pending consideration. 5 4. In WPC No.3076 of 2026, the petitioner is seeking a direction to respondent No.2 -Secretary, Regional Transport Authority, to consider and decide the petitioner’s application dated 02.03.2026 for grant of Permanent Stage Carriage Permit on the route Durg to Bailadila via Power House, Raipur, Dhamtari, Charama, Keshkal, Kondagaon, Bastar, Bacheli and back, which according to the petitioner is pending consideration. 5. In WPC No.3079 of 2026, the petitioner is seeking a direction to respondent No.2 -Secretary, Regional Transport Authority, to consider and decide the petitioner’s application dated 02.03.2026 for grant of Permanent Stage Carriage Permit on the route Durg to Bijapur via Power House, Raipur, Dhamtari, Charama, Keshkal, Kondagaon, Bastar, Geedam and back, which according to the petitioner is pending consideration. 6. In WPC No.3086 of 2026, the petitioner is seeking a direction to respondent No.2 -Secretary, Regional Transport Authority, to consider and decide the petitioner’s application dated 02.03.2026 for grant of Permanent Stage Carriage Permit on the route Durg to Konta via Power House, Raipur, Dhamtari, Charama, Keshkal, Kondagaon, Bastar, Sukma and back, which according to the petitioner is pending consideration. 7. In WPC No.3088 of 2026, the petitioner is seeking a direction to respondent No.2 -Secretary, Regional Transport Authority, to consider 6 and decide the petitioner’s application dated 02.03.2026 for grant of Permanent Stage Carriage Permit on the route Durg to Bailadila via Power House, Raipur, Dhamtari, Kanker, Keshkal, Bhanpuri, Bastar, Dantewada, Bacheli and back, which according to the petitioner is pending consideration. 8. In WPC No.3092 of 2026, the petitioner is seeking a direction to respondent No.2 -Secretary, Regional Transport Authority, to consider and decide the petitioner’s application dated 02.03.2026 for grant of Permanent Stage Carriage Permit on the route Durg to Konta via Power House, Raipur, Dhamtari, Charama, Keshkal, Kondagaon, Bastar, Sukma and back, which according to the petitioner is pending consideration. 9. In WPC No.3093 of 2026, the petitioner is seeking a direction to respondent No.2 -Secretary, Regional Transport Authority, to consider and decide the petitioner’s application dated 02.03.2026 for grant of Permanent Stage Carriage Permit on the route Nagarnar to Kawardha via Jagdalpur, Kondagaon, Kanker, Kurud, Abhanpur, Raipur, Bhilai, Durg, Gandai and back, which according to the petitioner is pending consideration. 10.In WPC No.3096 of 2026, the petitioner is seeking a direction to respondent No.2 -Secretary, Regional Transport Authority, to consider and decide the petitioner’s application dated 02.03.2026 for grant of Permanent Stage Carriage Permit on the route Durg to Bijapur via 7 Power House, Raipur, Dhamtari, Charama, Keshkal, Kondagaon, Bastar, Geedam and back, which according to the petitioner is pending consideration. 11. Facts of the case are that the petitioner is a bus operator and is operating his vehicle on the strength of permits granted by the State authorities. The petitioner submitted an application dated 02.03.2026 for grant of Permanent Stage Carriage Permit on the aforesaid routes. It is stated that despite repeated requests and reminders, the said applications have not been decided by the competent authority. It is further submitted that as per Rule 74(4) of the Motor Vehicle Rules, 1994, the competent authority is required to decide such application within 60 days, however, in the present case, the application has remained pending beyond the prescribed period. 12.Learned counsel for the petitioner submits that the application has been kept pending for an inordinate period without any justification, which is contrary to Rule 74(4) of the Motor Vehicle Rules, 1994. It is further submitted that similarly situated applicants have been granted timely consideration, whereas the petitioner has been deprived of his statutory right to consideration of his application. It is also submitted that non-decision of the application is arbitrary and affects the petitioner’s right to livelihood and business. 13.Learned State counsel submits that the application of the petitioner shall be considered and decided by the competent authority strictly in 8 accordance with law and within a reasonable time, and that there is no deliberate inaction on the part of the authorities. 14. From the perusal of the pleadings and submissions advanced by learned counsel for the parties, it transpires that the petitioner has submitted an application for grant of Permanent Stage Carriage Permit which is admittedly pending before the competent authority since 02.03.2026. It is further noticed that Rule 74(4) of the Motor Vehicle Rules, 1994 contemplates consideration and decision of such application within 60 days. However, despite lapse of considerable time, no decision has been taken on the petitioner’s application. 15.In view of the admitted factual position and the statement made by learned State counsel, this Court is of the considered opinion that the ends of justice would be met if a direction is issued to the competent authority to decide the petitioner’s application within a time-bound period. 16. Accordingly, all the writ petitions are disposed of with a direction to respondent No.2/Secretary, Regional Transport Authority, Jagdalpur to consider and decide the petitioners’ application dated 02.03.2026 for grant of Permanent Stage Carriage Permit on the aforesaid routes, strictly in accordance with law, by passing a reasoned and speaking order, within a period of 30 days from the date of receipt of a certified copy of this order. 9 17.It is made clear that this Court has not expressed any opinion on the merits of the claim of the petitioner and all issues are left open to be decided by the competent authority in accordance with law. No order as to costs. Sd/- (Amitendra Kishore Prasad) Judge Avinash