Bijay Kumar Panda v. Sta, Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) NO. 22064 OF 2022 Bijay Kumar Panda ....

Petitioner Mr. Debabrata Das, Advocate -versusState Transport Authority, Odisha, Cuttack and another ....

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

CORAM:

JUSTICE K.R. MOHAPATRA

ORDER

Order No.

16.09.2022 01.

1.

This matter is taken up through hybrid mode.

2.

The Petitioner in this writ petition seeks for a direction to the Secretary, STA, Odisha, Cuttack to consider his application for allotment of vacant Slot No.309 as per rationalization chart (down-trip) from Puri to Cuttack in respect of his vehicle bearing Registration No.OD-05-AN-0051 (Stage Carriage). 3.

It is submitted by learned counsel that the Petitioner is a Stage Carriage operator and initially he has been allotted with Slot No.317. The Petitioner is operating in the route from Puri to Cuttack on the strength of permanent permit vide SC/SIRP99/01172/2021 granted in respect of his vehicle bearing Registration No.OD-05-AN-0051 (Stage Carriage). But due to some difficulties, he made an application to allow him with vacant Slot No.291 in the rationalization chart. However, in the meantime, the operator who was operating his vehicle in Slot No.309, has been allotted with vacant Slot No.291. Hence, he

// 2 // prays for a direction to the Secretary, STA, Odisha, Cuttack to allow the Petitioner to operate in vacant Slot No.309. In that regard, the Petitioner has made an application to the Secretary, STA, Odisha, Cuttack under Annexure-3, which is pending for consideration. It is his submission that interest of justice will be best served, if a direction is made to the authority to dispose of the said application at an early date.

4.

Mr. Behera, learned Standing Counsel for the Transport Department submits that he has no definite instruction in the matter. However, if the Petitioner has made an application under Annexure-3, which is stated to be pending with the authority, he may take a decision on the same in accordance with law.

5.

Considering the submissions made by learned counsel for the parties, this Court without expressing any opinion on the merits of the case of the Petitioner disposes of this writ petition with a direction to the Secretary, STA, Odisha, Cuttack-Opposite Party No.2 to consider and dispose of the application filed by the Petitioner under Annexure-3 for allotment of vacant Slot No.309 in the rationalization chart as expeditiously as possible preferably within a period of four weeks from the date of production of certified copy of this order and communicate the decision thereof to the Petitioner forthwith. Urgent certified copy of this order be granted on proper application.

(K.R. Mohapatra) bks Judge