Rajendra Singh Chhabra v. State Transport Authority Raipur

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR REVP No. 30 of 2017

1. Rajendra Singh Chhabra S/o Late Santosh Singh Chhabra, Aged About 61 Years, Transporter, Namnakala, Ambikapur, District Sarguja, Chhattisgarh.

---- Petitioner

Versus

1. State Transport Authority Raipur Pandri, New Bus Stand, Raipur, District Raipur, Chhattisgarh.

2. M/s Durga Motor Service, Through Proprietor Smt. Shanti Devi W/o Late Jeetan Prasad, Aged About 72 Years, R/o Old Bus Stand, Ambikapur, District Sarguja, Chhattisgarh. ---- Respondent For Petitioner Shri Shailendra Kumar Bajpai, Advocate.

For Respondent/State Shri Shashank Thakur, Govt. Adv.

& Shri Arvind Dubey, P.L.

For Respondent No.2 Shri C.J.K. Rao, Advocate.

Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 06/04/2018

1. After hearing learned counsel appearing for the parties, this Court finds that even if the writ petitioner M/s Durga Motor Service had made incorrect statement about pendency of its application for grant of permit on the subject route, the fact that the permit issued in favour of the respondent No.2 in the writ petition, who is the present applicant in the review petition, having already expired on 30.11.2016, the issue

vis-a-vis the subject matter of WPC No.792/2016 as well as in the present petition has been rendered academic.

2. If the review petitioner is aggrieved by grant of permit to one Rajendra Gupta on the route, which he was operating immediately prior to 30.11.2016, the same may be called in question by way of initiating proceedings before the concerned authority or the High Court, as the case may be.

3. In the event, the petitioner choses to file fresh proceedings, the same shall be considered on merits without raising the plea of limitation.

4. Accordingly, the review petition stands disposed of. Sd/- Judge Prashant Kumar Mishra Gowri