M/S New Royal Travels v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 3192 of 2019 • M/s New Royal Travels Through Its Managing Partner Sayyad Anwar Ali S/o Sayyad Ahmad Ali, Aged About 51 Years, C/o Royal Travels, Shop No. 03, Pagaria Complex, New Bus Stand Pandri, Raipur, District- Raipur, Chhattisgarh ---- Petitioner

Versus

1. State of Chhattisgarh Through Secretary, Department Of Transport, Mahanadi Bhawan, Atal Nagar, Raipur, District- Raipur, Chhattisgarh

2. State Transport Authority Raipur, Indravati Bhawan Atal Nagar, District- Raipur, Chhattisgah ---- Respondents For Petitioner :

Shri Vipin Tiwari, Advocate For Respondent/State :

Shri Kunal Das, PL Hon'ble Shri Justice Goutam Bhaduri Order On Board 13/09/2019

1. Heard.

2. The grievance of the petitioner is that one of the partner namely Sayyad Anwar Ali was holding an individual permit in his name to ply a vehicle on a certain route. Subsequently, the individual entered into partnership with four persons in the name of M/s New Royal Travels and he wants to ply the same vehicle on the route on the old permit. Therefore, though the application has been filed before the RTO to transfer the permit, which has not been decided.

3. Without any observation on the merits, it is directed that if the application is pending before the State Transport Authority, the authority shall decide the

same on its own merits. The individual permit if is permissible to be transferred in the name of partnership firm that issue shall also be taken into account and the authorities shall also take into account whether the transfer can take place of the individual permit or not. The authority shall decide the issue within a period of 45 days.

4. With the aforesaid observation, the writ petition stands disposed of. Sd/- Goutam Bhaduri Judge Ashu