Anand Mishra v. Regional Transport Authority

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION (C) NO. 2052 OF 2019 Anand Mishra, S/o Shri Ajay Prakash Mishra, aged about 48 years, Transporter, R/o Pratapganj Ward, Jagdalpur, District Bastar (CG) ... Petitioner versus Regional Transport Authority, through: the Secretary, Regional Transport Authority, Raipur 492001 (CG) ... Respondent For Petitioner :

Mr. Shailendra Kumar Bajpai, Advocate.

For Respondent :

Mr. Anshuman Shrivastava, Panel Lawyer.

Hon'ble Shri Justice P. Sam Koshy Order on Board 10/01/2020 1.

Challenge in the present writ petition is to the order dated 24.5.2017 (Annexure P-2) passed by the respondent.

2.

The petitioner for his vehicle/Bus No. CG17-F/0496 was issued with a valid Permit No.626/BTR/2016 by the Regional Transport Authority (hereinafter referred to as, 'the RTA'), Bastar Division, Jagdalpur for the period between 23.12.2016 to 22.12.2021 for the route Jagdalpur to Raipur and back. The said permit was submitted for counter signature at the office of the RTA, Raipur on the permit granted by the RTA, Bastar. After considering the same, the RTA, Raipur vide its order dated 24.5.2017 (Annexure P-2) has ordered the RTA, Bastar to take a decision on the same.

3.

Today, when the matter came up for hearing, learned counsel appearing for the petitioner informs that the State Government has since abolished the post of RTA, Bastar Division, Jagdalpur and the RTA at divisional levels and that the Transport Commissioner at Raipur itself has been appointed as RTA for the entire State, the functions and powers which were earlier as per the impugned order to be exercised by the concerned RTA would now have to be exercised by the Transport Authority at Raipur itself.

4.

Given the fact that now the post of RTA, Bastar having been abolished, the matter stands remitted back to the respondent to take an appropriate decision on the claim of the petitioner so far as counter signature on the permit which was

issued to the petitioner by the RTA, Bastar for his Vehicle/Bus No. CG17-F/0496 for the period between 23.12.2016 to 22.12.2021 for the route Jagdalpur to Raipur and back is concerned. The petitioner is directed to approach the respondent in this regard and get appropriate order. The respondent in turn may also call for the records from the office of the erstwhile RTA, Bastar. 5.

It shall be the responsibility of the petitioner to apprise the appropriate authority now constituted by the State Government regarding the order passed by this Court today.

6.

The writ petition stands allowed in part and is disposed of accordingly. Sd/- (P. Sam Koshy) /sharad/ JUDGE