Extracted from the PDF above. The PDF is authoritative.
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CGHC010377772022
2026:CGHC:29620
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4994 of 2022 1 - Radhakrishna Gupta S/o Late Shankar Dayal Gupta Aged About 44 Years R/o Old Bus Stand, Ambikapur, District- Surguja, Chhattisgarh
--- Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Department Of Transport, 3rd Floor, Sector 27, New Raipur, Chhattisgarh 2 - Regional Transport Authority, Chhattisgarh 3rd Floor, Sector 27, New Raipur, Chhattisgarh 3 - Secretary, Regional Transport Authority, Chhattisgarh 3rd Floor, Sector 27, New Raipur, Chhattisgarh 4 - New Royal Travels Proprietor- Sayyad Anwar Ali, Office- New Royal Travels, Pagariya Complex, New Bus Stand, Pandri, Raipur, District- Raipur, Chhattisgarh
--- Respondent(s) WPC No. 4286 of 2023 Gurubhej Singh Chhabra S/o Shri Raghubir Singh Chhabra Aged About 46 Years R/o Gurudwara Ward, Ambikapur, District : Surguja Chhattisgarh
---Petitioner(s) SHYNA AJAY Digitally signed by SHYNA AJAY Date: 2026.07.16 11:43:58 +0530
2 Versus 1 - State Of Chhattisgarh Through Secretary, Transport Department, Mahanadi Bhawan, New Mantralaya, Raipur (C.G.) 2 - Regional Transport Authority of Chhattisgarh, Sector 27, 3rd Floor, New Raipur (C.G.) 3 - Rajesh Gupta S/o Ramchandra Gupta Bus Operator, R/o Old Post Office Road, Darripara Ambikapur, District Surguja C.G.
--- Respondent(s) WPC No. 4252 of 2023 1 - Bijay Kumar Gupta S/o Late B.P. Gupta Aged About 56 Years R/o Village Tapkara, District - Jashpur (C.G.)
---Petitioner(s) Versus 1 - State Of Chhattisgarh Through Secretary, Department Of Transport, Mantralaya, Mahanadi Bhawan, New Raipur (C.G.) 2 - Regional Transport Authority Chhattisgarh, Indrawati Bhawan New Raipur, District Raipur (C.G.) 3 - Vishnu Rathore S/o Shri Dular Say Rathore Aged About 40 Years R/o Village Jamnipali, Korba, District Korba (C.G.)
--- Respondent(s) WPC No. 4210 of 2023 Gurubhej Singh Chhabra S/o. Shri Raghubir Singh Chhabra, Aged About 46 Years R/o. Gurudwara Ward, Ambikapur, District - Surguja, Chhattisgarh.
---Petitioner(s) Versus
3 1 - State Of Chhattisgarh Through Secretary, Transport Department, Mahanadi Bhawan, New Mantralaya, Raipur, Chhattisgarh. 2 - Regional Transport Authority Of Chhattisgarh. Sector 27, 3rd Floor, New Raipur, Chhattisgarh. 3 - Ramchandra Gupta, S/o. Late Sarju Saw, Bus Operator, R/o. Old Post Office Road, Darripara, Ambikapur, District - Surguja, Chhattisgarh.
--- Respondent(s) (Cause Title downloaded from CIS Periphery) For Respective Petitioners : Mr. Anshul R. Shrivastava and Mr. BL Dembra, Advocates For Respective Respondents : Mr. RK Gupta, Additional Advocate General and Mr. Amit Kumar Jaiswal, Advocate
SB: Hon’ble Mr. Justice Amitendra Kishore Prasad
Order on Board
14/07/2026
1. The factual matrix as well as the core issue involved in all these writ petitions being identical, they were heard analogously and are being disposed of by this common order. In sum and substance, the reliefs claimed in all the writ petitions are identical. For the sake of convenience, W.P.(C) No. 4994 of 2022 is treated as the lead case for adjudication of the present batch of matters and in the said writ petition, the petitioner has prayed for following reliefs :
“10.1 That, this Hon'ble Court may kindly call for the entire record with
4 respect to the case of the petitioner from respondent department. 10.2 That, the Hon'ble Court may kindly be pleased to set aside/ quash the impugned order dated 05/08/2022 passed by the respondent no. 02 being illegal, and against the provisions of Law. 10.3 That the Hon'ble Court may kindly be pleased to grant any other relief in favour of the petitioner which may deem fit the interest of justice.
2. At the outset, learned State Counsel submits that the impugned
order dated 5.8.2022 has been passed by the RTA, Raipur (CG). He submits that an alternative remedy by way of a Revision under Section 90 of the Motor Vehicles Act lies against the said
order, which should have been assailed before the STAT under its revisional powers.
3. At this juncture, learned counsel for the petitioner submits that the bus of the petitioner as well as bus of respondent No.4 hold valid permits for the routes in question and are regularly plying their respective buses on them. He submits that upon filing of a revision by the petitioner, the STAT may be directed to consider and decide the same in accordance with law, keeping in view the dispute raised in the present petition.
4. Considering the aforesaid aspects of the matter, the petitioner is granted liberty to file an appropriate revision raising all the grounds raised in this petition. In the event such a revision is preferred, the concerned STAT is directed to consider and decide
5 the same on its own merits in accordance with law, while giving due opportunity of hearing to the petitioner as well as respondent No.4.
5. It is made clear that this Court has not expressed any opinion on the merits of the case. The matter has been relegated to the concerned STAT solely because the petitioner(s) did not avail the alternative efficacious remedy. Given that these petitions are pending since 2022-2023, the petitioners are directed to file an appropriate application under Section 5 of the Limitation Act, explaining the period of pendency before this Court. If such an application(s) is filed, the STAT is directed to condone the delay taking into account the time spent pursuing these writ petitions and thereafter, decide the matter on its own merits.
6. In light of the foregoing, the petitioners in all the captioned writ petitions are at liberty to file appropriate revisions before the STAT within 15 days from the date of receipt of a certified copy of this order. On filing of such revisions, the STAT shall consider and decide the revisions in accordance with law within a period of 90 days thereafter.
7. Accordingly, with the aforesaid observations/directions, all the Writ Petitions stand disposed of. Sd/- (Amitendra Kishore Prasad)
Judge Shyna Ajay