Virendra Kumar Pathak v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 1085 of 2017 • Virendra Kumar Pathak S/o Late Sadanand Pathak, Aged About 51 Years R/o Jhirmiti, Udaypur, Surguja Distt. Surguja (Chhattisgarh) ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary, Department Of Transport, Mantralaya, New Raipur (Chhattisgarh)

2. Regional Transport Authority, Ambikapur, District Surguja, (Chhattisgarh) ---- Respondents For Petitioner :

Shri Santosh Gupta, Advocate For State :

Shri Sangharsh Pandey, Dy. Govt. Advocate Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 24/04/2017

1. Heard.

2. Limited grievance raised through this petition is that the petitioner has applied for grant of temporary permit and in view of provisions contained in Rule 74(4) of C.G. Motor Vehicle Rules, 1994 as amended vide notification dated 26/09/2012 published on 26/09/2012 normally an application for temporary permit is required to be disposed off within a period of seven days but the petitioner's application for temporary permit has remained undecided even after expiry of seven days.

3. Learned State counsel submits that the period has been prescribed as normal period, however, if such application of the petitioner is pending, the same shall be decided by the competent authority at the earliest, keeping in view the spirit of the provisions of law.

4. Taking into consideration the aforesaid submission, the Regional Transport Authority, Ambikapur is directed to decide petitioner's

application as early as possible preferably within a period of seven days from the date of receipt of copy of this order. If authority cannot decide the application within seven days, it shall record reasons for not doing so.

5. The petition is accordingly disposed off.

Sd/- (Manindra Mohan Shrivastava) Judge Kamde