Deepak Panigrahi v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) NO. 26520 OF 2022 Deepak Panigrahi ....

Petitioner Mr. H.P. Mohanty, Advocate -versusState of Odisha and others ....

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

CORAM:

JUSTICE K.R. MOHAPATRA

ORDER

Order No.

19.10.2022

2. 1.

This matter is taken up through hybrid mode.

2.

The Petitioner in this writ petition prays for a direction to the R.T.O., Chatrapur-Opposite Party No.2 to consider the objection dated 5th September, 2022 under Annexure-3 filed by him in respect of timing slot granted to the Opposite Party, namely, Santosh Kumar Sahoo, in respect of the vehicle bearing Registration No.OR-07-P-9610.

3.

Mr. Mohanty, learned counsel for the Petitioner submits that the Petitioner has been granted with temporary permit in respect of his vehicle bearing Registration No.OD-07-Y-1803 (Stage Carriage) from Sumandi to Berhampur, Berhampur to Chikiti, Berhampur to Surangi and back. The temporary permit was granted on 2nd July, 2022 and is valid from 3rd July, 2022 till 31st October, 2022. When the temporary permit of the Petitioner is valid and he is operating the vehicle, the Opposite Party No.3 made an application for temporary permit to ply his Bus bearing Registration No.OR-07-P-9610, which almost covers the route

// 2 // granted in favour of the Petitioner. Timing slot granted in favour of Opposite Party No.3 also clashes with that of the Petitioner. In that regard, the Petitioner has submitted an objection to the R.T.O., Chhatrapur on 5th September, 2022 as at Annexure-3, but the same has not yet been considered. Hence, this writ petition has been filed.

4.

Mr. Behera, learned Standing Counsel for Transport Department submits that since the objection of Petitioner is pending before the R.T.O., Chhatrapur, he may take a decision on the same in accordance with law.

5.

Taking into consideration the submissions made by learned counsel for the parties, this Court disposes of this writ petition with a direction to the R.T.O., Chhatrapur-Opposite Party No.2 to consider and dispose of the objection filed by the Petitioner under Annexure-3 as expeditiously as possible preferably within a period of four weeks from the date of production of certified copy of this order, giving opportunity of hearing to the parties concerned.

6.

It is made clear that this Court has not expressed any opinion on the merits of the case of either of the parties. Urgent certified copy of this order be granted on proper application.

(K.R. Mohapatra) Judge bks