1 2026:CGHC:14666 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3238 of 2020 Narendra Kumar Gupta S/o Shri M. P. Gupta Aged About 34 Years Through Power Of Attorney Shri M. P. Gupta, R/o Sanjay Nagar, Kurud, District Dhamtari Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Transport, Capital Complex, Atal Nagar New Raipur District Raipur Chhattisgarh. 2 - Smt. Shashi Devi W/o Rajesh Kumar R/o Shailendra Nagar, Raipur District Raipur Chhattisgarh. 3 - M/s. Anand Roadways Proprietor Anwar Solanki S/o Ramzan Solanki R/o Sorid Nagar, Dhamtari District Dhamtari Chhattisgarh. 4 - Regional Transport Authority Raipur Division, Raipur Chhattisgarh 5 - Secretary Regional Transport Authority, Raipur Chhattisgarh ... Respondent(s) For Petitioner(s) : Shri JK Gupta, Advocate. For State/Res. : Shri Ujjawal Choubey, PL. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board AVINASH SHARMA Digitally signed by AVINASH SHARMA Date: 2026.03.30 16:58:11 +0530 2 27/03/2026 1. The present Writ Petition has been filed by the petitioner against the impugned illegal proceedings (Annexure P/1) of substitution of the vehicle of the petitioner running on the permit of the respondent no.2 on lease for the period of 1-3-2016 to 31-12-2020 without any notice or cancellation of lease. It is also against the proceedings initiated by the Respondent no.4 on the frivolous, fabricated, concocted and false application and affidavit submitted by the Respondent no.2 claiming to be the owner of the vehicle of the petitioner. Respondent no.4 has entertained application for substitution of vehicle owned by the petitioner without verification of the status of the Respondent no.2 & 3 while filing application. 2. The petitioner has prayed for the following reliefs:- 1-That the Hon'ble court may be kind enough to call the record of the petitioner. 2-That the Hon'ble Court may be kind enough to issue any writ/writs, order/orders, direction/directions and to quash the impugned proceedings Annexure P-1. 3-That the Hon'ble Court may be kind enough to issue any writ, order or direction in the circumstance of the case and to pass such orders/directions to the respondent no.4 & 5 to initiate appropriate proceeding on the basis of false affidavit submitted before them as well as direct them to follow the procedures as mentioned in the Motor Vehicle Act & Rules as necessitated in the interest of justice. 3 3. Necessary facts of the case are that the petitioner is the owner of the vehicle no. CG05J/0152 a bus operating on the permit no. 112/2005. That the permit no. 112/2005 is being owned by the respondent no.2 issued by the respondent no.4 on 20-12-2005 having effect till 31-12-2020. That an agreement was executed by the respondent no. 2 with the petitioner for operation of her permit on the bus owned by the petitioner for a period 24- 7-2015 to 31-12-2015 and thereafter 1-3-2016 to 31-12-2020. That the aforesaid bus and the permit was endorsed on the permit of the respondent no.2 on the registration of the petitioner's vehicle by the District Transport Officer on the application filed before him in Form No. 34. That the petitioner is operating the aforesaid vehicle on the permit of the respondent no.2 but meanwhile an application was filed by the respondent no.3 for the transfer of permit on 14-10-2019 before the respondent no.4 with affidavits of the respondent no.2 & 3. That the respondent no.2 & 3 has entered in to an lease agreement for operation of the permit no. 112/2005 and the vehicle of the respondent no.3 i.e. CG08AK/8100 by filing an application before the RTO Rajnandgaon and obtained order from him dated 11-10- 2019 for lease. That the Regional Transport Authorities in the State of Chhattisgarh being merged in to single Regional Transport Authority Raipur vide notification dated 24.12.2019 and therefore no secretaries of the Regional Transport Authorities of Durg, Raipur, Bilaspur, Ambikapur and Bastar exist after the aforesaid date. That the respondent no.2 has filed an application for cancellation of the lease of the vehicle of the petitioner 4 CG05/J-0152 on 3-1-2020 and thereafter a notice was issued to the petitioner on 4-1-2020. That during the pendency of the aforementioned proceedings the respondent no.2 has again made an application for substitution of the vehicle owned by the petitioner by the vehicle of the respondent no.3 and same was entertained and the proceedings have been initiated by Annexure P-1 and this fraud was brought in to the knowledge of the respondent no. 4 by the petitioner by letter dated 27/10/2020 with relevant documents thereon. Hence this Petition. 4. At the outset, learned counsel for the petitioner submits that by the efflux of time, the reliefs which are sought in the petition have become redundant, however, on the basis of fake and false affidavit, an application for substitution of bus of the petitioner has been moved by Respondent No.2, therefore, this writ petition may be disposed of with a liberty in favour of the petitioner to approach Respondent No.4 while raising his grievances. 5. Learned State counsel would not oppose the aforesaid prayer. 6. Considered the aforesaid aspect of the mattee and submissions of counsel for the parties, this Court deems it appropriate to direct Respondent No.4 to consider the case of the petitioner in this respect and pass appropriate order in accordance with law within a reasonable period. 7. With the aforesaid direction, this Writ Petition is disposed of. Sd/- (Amitendra Kishore Prasad) Judge Avinash