M/S Kanker Roadways v. S.T.A.T. And ORS.

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Review Petition No. 39 of 2006 M/s. Kanker Roadways (registered partnership firm) Through Managing Partner, Preetam Singh Garcha S/o Late Jogindar Singh Garcha, aged about 59 years, Residence of Civil Line, Raipur, Chhattisgarh. ---- Petitioner

Versus

1.

State Transport Appellate Tribunal, State of Chhattisgarh, Raipur. 2.

Regional Transport Authority, Chhattisgarh, Raipur. 3.

Secretary, RTA Jagdalpur, Chhattisgarh.

4.

Payal Travels, Through Managing Partner, Swaroop Chand Jain, Residence of in front of District Court, Durg, Chhattisgarh.

5.

Manish Travels, Proprietor Manish Jain, residence of In front of District Court, Durg, Chhattisgarh.

---- Respondents For Petitioner :

Shri Uttam Pandey, Advocate.

For Respondent No. 1 to 3 :

Shri UNS Deo, Government Advocate.

Hon'ble Shri Navin Sinha, Chief Justice Hon'ble Shri P. Sam Koshy, J.

Order on Board Per Navin Sinha, Chief Justice 04/05/2015 1.

Heard Learned Counsel for the Petitioner and the Respondent No. 1 to 3.

2.

If the Learned Single Judge arrived at the finding that the subject route was formulated under Section 68(3)(ca) of the Motor Vehicles Act, 1988 only on 14.6.2004 and admittedly the permit was granted to the Petitioner before that date on 11.5.2004, there being no error apparent on the face of record pointed out, we are satisfied to hold that the review application is not an appeal in disguise.

3.

Even otherwise, if the contest was for a route permit cancelled on 14.7.2006, by passage of time also, this review application has become infructuous.

4.

If the Petitioner applies for any fresh permit in accordance with law, it has to be considered in the manner prescribed without being prejudiced by the present order.

5.

The review application stands disposed.

Sd/- Sd/- (Navin Sinha) (P.Sam Koshy) CHIEF JUSTICE JUDGE Amit