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2026 DAILYLAW 37985 (CHH)

KAUSHAL MANTRI v. THE STATE TRANSPORT APPELLATE TRIBUNAL

WPC/4896/2026 · 2026-09-24

Shri Amitendra Kishore Prasad

Writ Petition (Civil)body2026

Judgment text

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1 CGHC010356272026 2026:CGHC:41669 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4896 of 2026 Kaushal Mantri S/o Manoj Kumar Mantri Aged About 30 Years R/o Lohardaga Road, Kartik Urawn, Village - Gumla, Tahsil - Gumla, Distt. Gumla Jharkhand ... Petitioner(s) versus 1 - The State Transport Appellate Tribunal, Raipur, District Raipur Chhattisgarh 2 - The State Transport Authority Through Its Secretary, Indravati Bhawan, Atal Nagar, Nawa Raipur, District Raipur Chhattisgarh ... Respondent(s) For Petitioner(s) : Mr. Rahul Mishra, Advocate For State : Dr. Arham Siddiqui, G.A. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 25/09/2026 1. By way of this Writ Petition, the petitioner is challenging the order dated 24.06.2026 (Annexure-P/1) whereby respondent no. 1 has rejected the appeal of the petitioner on the ground of 9 days delay. 2 2. Learned counsel for the petitioner submits that petitioner had applied for grant of stoppage at Keradih, Narayanpur & Batauli on the route of Ranchi to Ambikapur via Bedo, Gumla, Jashpur & Bagicha and one trip back of this Bus bearing No. JH 01 EF 6443 after depositing fees of Rs. 2500/- on 10.04.2026. The said application of the petitioner was rejected vide order dated 18.03.2026 by Respondent No.2, against which, petitioner came before this Court in WP(C) No. 2033/2026 which was disposed of vide order dated 29.04.2026 directing the petitioner to file statutory appeal before respondent no. 1 within a period of 15 days and, a direction was issued to the STAT to decide the case of the petitioner within 45 days if the petitioner approaches it within 15 days. 3. The petitioner in compliance of the said order, approached the STAT for grant of stoppage, however the STAT rejected the application of the petitioner holding that the petitioner from the date of passing of order dated 29.04.2026 by the High Court ought to have approached them by 14.05.2026, however, the petitioner with a delay of 9 days has preferred the application on 22.05.2026. 4. Learned counsel for the petitioner submits that Respondent no. 1 ought to have considered that, the appeal which was preferred by the petitioner in compliance of this Court’s order dated 29.04.2026 should not have been rejected in a technical manner by a non- speaking order. Due to inadvertent bonafide mistake, the 3 petitioner preferred appeal which was barred by 9 days, however, the same could have been condoned by the Tribunal. 5. Having considered the submissions advanced by learned counsel for the petitioner and the facts and circumstances of the case, this Court is of the considered view that the delay of nine days in approaching the STAT deserves to be condoned. The delay is neither substantial nor inordinate and, in the facts of the present case, appears to have occurred on account of an inadvertent and bona fide mistake on the part of the petitioner while complying with the direction contained in the order dated 29.04.2026 passed by this Court. The petitioner had, in fact, pursued the matter before this Court and thereafter approached the STAT pursuant to the liberty granted by this Court. In such circumstances, a hyper- technical approach in refusing to entertain the petitioner’s case merely on account of a short delay of nine days would result in the petitioner being denied an adjudication of his grievance on merits. The interest of substantial justice would, therefore, be served by adopting a liberal and pragmatic approach and condoning the aforesaid delay, particularly when no prejudice is shown to have been caused to the respondents on account of such delay. 6. Accordingly, the delay of nine days in approaching the STAT is condoned. Consequently, the order dated 24.06.2026 is set aside. The matter is remanded to the STAT to consider and decide the petitioner’s case on its merits, in accordance with law, within a 4 period of 60 days, provided the petitioner approaches the STAT within 15 days from the date of receipt of a copy of this order. 7. The writ petition stands disposed of accordingly. SD/- (Amitendra Kishore Prasad) Judge Madhurima