1 CGHC010048712022 2026:CGHC:31488 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 830 of 2022 1 - Vinita Gupta W/o Harsh Gupta Aged About 43 Years Bus Operator R/o Jain Mandir Road, Pratapganj Ward, Jagdalpur, District Bastar, Chhattisgarh., District : Bastar(Jagdalpur), Chhattisgarh ... Petitioner versus 1 - State of Chhattisgarh Through The Secretary, Department Of Transport Mantralay, Mahanadi Bhawan, New Raipur, Raipur, Chhattisgarh., District : Raipur, Chhattisgarh. 2 - State Transport Appellate Tribunal Raipur, Chhattisgarh., District : Raipur, Chhattisgarh. 3 - Regional Transport Officer Government Of Chhattisgarh, Bastar Division, Jagdalpur, Chhattisgarh., District : Bastar(Jagdalpur), Chhattisgarh. 4 - Kamaljeet Singh S/o Shri Mahendra Singh Mahendra Travels, New Bus Stand Pandari, Through, Ajay Singh Gill, S/o Late Satwant Singh Gill, Raipur, Chhattisgarh., District : Raipur, Chhattisgarh. ... Respondents (Cause title is downloaded from CIS Periphery.) For Petitioner : Mr. Bhaskar Payashi, Advocate. For State : Mr. Shreyansh Mehta, P.L. For Respondent No. 4 : Ms. Pranoti Das, counsel on behalf of Mr. Gautam Khetrapal, Advocate. Digitally signed by RAVVA UTTEJ KUMAR RAJU 2 Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 23/07/2026 1. The petitioner has filed the instant petition seeking following reliefs:- “10.1 It is prayed that this Hon'ble Court may kindly be pleased to call for the entire records concerning the case of the petitioner from the possession of the respondents for its kind perusal. 10.2. This Hon'ble Court may kindly be pleased to quash the impugned order dated 27.01.2022 (Annexure P/1). 10.3. Any other relief/reliefs, which this Hon'ble Court may think fit and proper in the facts and circumstances of the case, with cost of the petition, may also pleased be granted to the petitioner.” 2. Learned counsel for the petitioner submits that the Regional Transport Authority (R.T.A.), by order dated 01.09.2017 (Annexure P-3), granted a permanent stage carriage permit to the petitioner for the Sukma–Raipur route. The said order was challenged by respondent No. 4 before the State Transport Appellate Tribunal (S.T.A.T.), which, by order dated 27.01.2022, set aside the R.T.A.'s order on the ground that the petitioner had not produced the documents required under Rule 72(3) of the Chhattisgarh Motor Vehicles Rules, namely, the route map, the distance certificate issued by the competent authority, and proof of 3 payment of the requisite tax. Learned counsel further submits that the petitioner was proceeded ex parte before the S.T.A.T. and was not afforded an effective opportunity of hearing; otherwise, she would have produced all the requisite documents. It is further submitted that the petitioner had already deposited a sum of Rs. 9,98,965/- towards tax in respect of all her buses after grant of exemption from penalty, as is evident from the certificate dated 12.05.2015 issued by the R.T.A., Jagdalpur. It is, therefore, contended that the petitioner's permanent permit came to be denied solely on account of non-production of documents, without affording her an adequate opportunity to place the same on record. 3. Learned State counsel submits that, although the order dated 27.01.2022 indicates that the matter was decided ex parte against the petitioner, it appears that the petitioner had initially entered appearance before the State Transport Appellate Tribunal but subsequently remained absent, on account of which the impugned ex parte order came to be passed. 4. Learned counsel for respondent No. 4 submits that the State Transport Appellate Tribunal (respondent No. 2) has rightly passed the ex parte order dated 27.01.2022, and the same does not warrant any interference by this Court. 5. Having heard learned counsel for the parties and upon perusal of the record, this Court finds that the order passed by the Regional 4 Transport Authority granting a permanent permit to the petitioner was set aside by the State Transport Appellate Tribunal in proceedings decided ex parte against the petitioner. Consequently, the petitioner was deprived of an effective opportunity to produce the documents required under Rule 72(3) of the Chhattisgarh Motor Vehicles Rules, including the route map, distance certificate, and proof of payment of tax. The petitioner has specifically contended that she had already deposited the requisite tax amounting to Rs. 9,98,965/-, after grant of exemption from penalty, and that the relevant documents could not be placed on record owing to the ex parte proceedings. In the opinion of this Court, the principles of natural justice warranted affording the petitioner an opportunity to produce the requisite documents before the appeal was decided. Accordingly, the impugned order dated 27.01.2022 passed by the State Transport Appellate Tribunal is set aside, and the matter is remanded to the said Tribunal for fresh consideration. The petitioner shall be at liberty to place on record all relevant documents, including those required under Rule 72(3) of the Chhattisgarh Motor Vehicles Rules, 1994 and proof of payment of tax. The Tribunal shall afford adequate opportunity of hearing to all concerned parties and thereafter pass an appropriate order strictly in accordance with law. 6. The petitioner as well as the contesting respondents shall appear before the State Transport Appellate Tribunal on 12.08.2026 along with a copy of this order. The Registry is directed to forthwith 5 transmit a copy of this order to the Tribunal for information and compliance. 7. With this observation and direction, the petition stands disposed of. Sd/- (Amitendra Kishore Prasad) Judge U.K. Raju