Jeevan Bus Service v. State Transport Authority And ANR.

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (Art. 227) No.738 of 2013 Kamaljeet Kaur, Aged 45 yrs., Wd/o Late Satwant Singh, New Bus Stand, PS Pandri, PO Govind Nagar HO, Raipur Writ Petition (Art. 227) No.739 of 2013 Kamaljeet Kaur, Aged 45 yrs., Wd/o Late Satwant Singh, New Bus Stand, PS Pandri, PO Govind Nagar HO, Raipur Writ Petition (Art. 227) No.740 of 2013 Wasan Singh, Aged 70 yrs., S/o Jogender Singh, Mahendra Travels, PS Pandri, PO Govind Nagar, Raipur, Through POA Ajay Singh, Aged 22 yrs., S/o Late Satwant Singh, Hira Arcade, New Bus Stand, PS Pandri, PO Govind Nagar HO, Raipur 492 001

Writ Petition (Art. 227) No.741 of 2013 Jeevan Bus Service, Prop. Surjit Singh, S/o Bant Singh, Aged 54 yrs., Shukla Colony, Raipur, Thro' Attorney Tuleshwar Vaishnav, S/o Jagmohan Vaishnav, Aged 42 yrs., New Bus Stand, PS Pandri, PO Govind Nagar HO, Raipur 492 001 Writ Petition (Art. 227) No.751 of 2013 Kulraj Singh, Aged 41 yrs., S/o Malkit Singh, Pandri Bus Stand, PS Pandri, GPO, Raipur (C.G.) 492 001, Through Power of Attorney Aakashdip Gill, S/o Lakhwant Singh, Aged 23 yrs., Ravi Nagar, Shukla Colony, PS Civil Line, PO Govind Nagar HO, Raipur 492 001

Writ Petition (Art. 227) No.752 of 2013 Kamaljeet Kaur, Aged 45 yrs., Wd/o Late Satwant Singh, New Bus Stand, PS Pandri, PO Govind Nagar HO, Raipur 492 001 Writ Petition (Art. 227) No.753 of 2013 Wasan Singh, Aged 70 yrs., S/o Jogender Singh, Mahendra Travels, PS Pandri, PO Govind Nagar, Raipur, Through POA Ajay Singh, Aged 22 yrs., S/o Late Satwant Singh, Hira Arcade, New Bus Stand, PS Pandri, PO Govind Nagar HO, Raipur 492 001 For Petitioners:

Mr. Raja Sharma, Advocate.

For Respondent No.1/State: - Mr. Dhiraj Kumar Wankhede, Govt. Advocate.

For Respondent No.2: Mr. J.K. Gupta, Advocate. Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 31/07/2017

1. Since common question of law and fact is involved in these writ petitions, they are being disposed of by this common order.

2. In these cases, permit was granted to respondent No.2 for the period from 1-8-2008 to 31-7-20013 against which the petitioners preferred revision/appeal before the State Transport Appellate Tribunal and the same has been dismissed against which these writ petitions have been preferred.

3. Learned State counsel would submit that tenure of original permit had already expired and according to the decision of the Supreme Court in the matter of Gajraj Singh etc. v. The State Transport Appellate Tribunal and others etc.1, grant of renewal is a fresh grant though it breaths life into the operation of the previous lease or licence and therefore the petitions have become infructuous and the petitioners are permitted to challenge the renewal, if any, in accordance with law.

4. Learned counsel for the petitioners submits that the petitioners may be granted liberty to challenge the renewal, if any, in accordance with law, along with an application for condonation of delay.

5. The writ petitions are accordingly disposed of with aforesaid liberty in favour of the petitioners. No order as to costs. Sd/- (Sanjay K. Agrawal) Judge Soma AIR 1997 SC 412