Kamaljeet Kaur v. Stat Transport Authoriy

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR W.P. (227) No.

of 201 Kamaljeet Kaur, Wd/o Late Satwant Singh, aged about 45 years, New Bus Stand, Police Station Pandri, P.O. Gonvid Nagar HO, Raipur, Tahsil and District - Raipur (C.G.) ---- Petitioner

Versus

State Transport Authority, New Bus Stand, Police Station Pandri, PO Govind Nagar HO, Raipur, District - Raipur 492001 (C.G.) ---- Respondent For Petitioner : Mr. Ajay Shrivastava, Advocate. For Respondent : Mr. Dheeraj Wankhede, Govt. Advocate. Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 0 9 /0 8 /201 (1) Learned counsel for the petitioner would submit that the appeal preferred before the State Transport Appellate Tribunal (for short 'STAT') has been dismissed holding that the permit has already expired on 31.7.2013. He would further submit that permit was already renewed on that day and it is now valid up to 31.07.2018 by order vide order dated 13.12.2013 (Annexure P-2) and, thefore, the order impugned is set aside.

(2) On the other hand, counsel for the state supported the impugned order.

(3) I have heard learned counsel appearing for the parties and perused the order impugned with utmost circumspection.

(4) A careful perusal of the order dated 13.12.2013 (Annexure P-2) would show that petitioner's permit has alredey been renewed up to 31.07.2018.

(5) In view of above discussion, the impugned order dated 12.03.2015 passed by STAT being unsustainable in law, deserved to be and is hereby set aside. The appeal preferred by the petitioner being appeal No. 04/2010 is hereby restored and hearing and disposal before the State Transport Appellate Tribunal in accordance with law. (6) Accordingly, the writ petition is allowed to the extent indicated hereinabove.

Sd/- (Sanjay K. Agrawal) Judge D/-