Mohan Kumar Mohanty v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) NO. 21017 OF 2022 Mohan Kumar Mohanty ....

Petitioner Mr. Arjuna Charana Behera, Advocate -versusState of Odisha and others ....

Opp. Parties Mr. Pravakar Behera, Standing Counsel (For Transport Department)

CORAM:

JUSTICE K.R. MOHAPATRA

ORDER

Order No.

30.09.2022

2. 1.

This matter is taken up through hybrid mode.

2.

The grievance of Petitioner in this writ petition is with regard to obstruction in plying of his vehicle bearing Registration No. OD-19-N-5574 (Stage Carriage) made by the private bus association.

3.

Mr. Behera, learned counsel submits that although the Petitioner has been granted with a permit to ply his vehicle bearing Registration No. OD-19-N-5574 (Stage Carriage) from Talcher to Bolangir, but the private Bus Association is obstructing the movement of his vehicle for which the Petitioner is suffering a lot. In that regard, the Petitioner has made a grievance petition to the Commissioner, STA, Odisha, Cuttack on 17th June, 2022 under Annexure-3. But, the authority has not yet taken any step to redress his grievances. Hence, this writ petition has been filed. 4.

Mr. Behera, learned Standing Counsel for the Transport Department submits that Rule 75 of the Odisha Motor Vehicles

// 2 // Rules makes it clear that in the event of plying of stage carriage is obstructed as per the time schedule, the operators should bring the same to the notice of authority granting permit. Since the Petitioner has a grievance with regard to movement of his vehicle (Stage Carriage) as per the time schedule, his case can be considered by the Commissioner, STA, Odisha, Cuttack.

5.

In view of the above, this writ petition is disposed of with a direction that on production of certified copy of this order along with a copy of the grievance petition dated 17th June, 2022 as at Annexure-3 before the Commissioner, STA, Odisha, CuttackOpposite Party No.2, he shall do well to consider the same and take a decision thereon in accordance with law as expeditiously as possible within a period of four weeks therefrom and communicate the result thereof to the Petitioner forthwith. 6.

Needless to observe that the authority shall also take necessary steps in accordance with law pursuant to the decision taken by the STA, Odisha, Cuttack.

Urgent certified copy of this order be granted on proper application.

bks (K.R. Mohapatra) Judge