Jai Jhulelal Bus Service v. State Trasport Appellate Tribunal
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR W.P. (C) No.
of 201 Jai Jhulelal Bus Service through its Proprietor Nand Lal Verma, aged about 50 years, S/o Late Bihari Lal Verma, R/o House No. HIG-40, Housing Board Colony, Hitech bus Stand, Bilaspur (C.G.) ---- Petitioner
Versus
1. State Transport Appellate Tribunal, Ghadi Chowk, Raipur (C.G.)
2. New Jeevan Mahendra Bus Service through its Proprietor, Sandeep Kaur Gill, S/o not known, R/o Shop No.10, Pagaria Complex, New Bus Stand, Raipur (C.G.)
3. Regional Transport Authority, Rapur, Distt. Raipur (C.G.)
4. Secretary, Regional Transport Authority, Raipur (C.G.) ---- Respondents For Petitioner :
Mr. Santosh Gupta, Advocate.
For State : Mr. Syed Majid Ali, Panel Lawyer.
For Respondent No. 2 : Mr. Ajay Shrivastava, Advocate. Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 1 2/07/201 (1) Learned counsel appearing for the petitioner would submit that State Transport Appellate Tribunal as well as Regional Transport Authority have committed legal error in not looking to the fact that the permit was granted on 18.03.2016 whereas SCP is of the year 2014 and, therefore, it has been obtained by fraud. He submits that the petitioner's objection regarding timing has also not been considered and his permit has already been
expired.
(2) Per contra, learned counsel for respondent No. 2 would submit that the rectification process is going on and it is only typographical error and necessary application for rectification is being made and, therefore, it cannot be held that the order has been obtained by playing fraud.
(3) I have heard learned counsel appearing for the parties and perused the order impugned with utmost circumspection. (4) Having heard learned counsel for the parties, having perused the order impugned, this Court is of the opinion that valid and sufficient reasons have been assigned by the State Transport Appellate Tribunal while rejecting the revision petition filed by the petitioner, in which, I do not find jurisdictional error warranting interference by this Court in the instant writ petition as there is no material on record to hold that permit was obtained by playing fraud.
(5) Accordingly, the writ petition fails and is hereby dismissed. Sd/- (Sanjay K. Agrawal) Judge D/-