Prabhat Rai v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR W.P.(C) No. 1128 of 2019 Prabhat Rai S/o Surendra Rai Aged About 43 Years R/o Village Barganwa, Marwahi, District Bilaspur Chhattisgarh. ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Transport, Mantralaya, Mahanandi, Atal Nagar, New Raipur Chhattisgarh

2. The Regional Transport Authority Bilaspur, District Bilaspur Chhattisgarh.

---- Respondents For Petitioner:

Ms. Rashul Bhawnani, Advocate.

For Respondents/State:

Shri Rajesh Singh, Dy. G. A. along with Shri Rajendra Tripathi, P.L.

Single Bench:Hon'ble Shri Sanjay Agrawal, J Order On Board 26.03.2019 1.

Heard on admission.

2.

By way of this petition, the Petitioner is praying for issuance of direction commanding Respondent No. 2/Regional Transport Authority, Bilaspur to consider and decide the petitioner's application for grant of route permit from Pendra to Katghora.

3.

Ms. Rashul Bhawnani, learned counsel for the Petitioner submits that the application has been made by the petitioner on 14.05.2018 for grant of route permit from Pendra to Katghora, however, Respondent No. 2 has neither published the said application in its agenda nor any notice has been issued to the Petitioner regarding disposal of his application and as such, Respondent No. 2 has failed to perform its statutory duty as provided

under the Motor Vehicles Act, 1988. Owning to which, the Petitioner's vehicle is not only lying without permit but also causing immense financial loss to him day by day.

4.

Having considered the facts and circumstances of the case and considering further the pendency of the Petitioner's application dated 14.05.2018 for grant of route permit, I am inclined to allow this application. Accordingly, It is directed that Respondent No. 2/Regional Transport Authority, Bilaspur shall decide the said application for grant of route permit from Pendra to Katghora as mentioned in the said application within a period of five weeks from receiving the certified copy of this order and communicate its decision immediately thereafter to the Petitioner. The Petitioner shall serve the copy of this order before the concerned authority within a period of two weeks from today.

5.

The petition is, accordingly, disposed of.

Sd/- (Sanjay Agrawal) JUDGE Nikita