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2022 Supreme(Chh) 282

GOUTAM BHADURI, DEEPAK KUMAR TIWARI
State Of Chhattisgarh – Appellant
Versus
Anand Mishra S/o Late Shri Jaiprakash Mishra – Respondent


Advocates Appeared:
For the Appellants :Mr. Raghvendra Pradhan, Additional Advocate General.
For the Respondents:Mr. Ajay Shrivastava, Mr. BL Dembra and Mr. Shivesh Singh, Advocates

JUDGMENT :

Goutam Bhaduri, J.

1. Heard.

2. The instant bunch of appeals are against the common order passed by the learned Single Bench on 5.5.2022 in WPC No.1800/2022 and other connected petitions, whereby, the petitions filed by the State Authority and private respondents/Transporters against the order of the State Transport Appellate Tribunal (STAT), which is constituted under Section 89(2) of the Motor Vehicles Act, 1988 (in short “the Act, 1988”), were dismissed with specific directions.

3. The issue in these writ appeals is similar, therefore, they are being adjudicated simultaneously.

4. The nucleus of the dispute starts from an application, which was filed by the Transporters for grant of stage carriage permit in the month of September 2017. The order of the RTA dated 19.12.2019 would show that after the application for grant of permit was filed, it could not be decided in accordance with the Chhattisgarh Motor Vehicles Rules 1994 (in short “the Rules, 1994”). As per sub-rule (4) of Rule 74 of the Rules, 1994, the prescribed time limit for disposal of the application for grant of stage carriage permit is 60 days. The Rules, 1994 was promulgated in exercise of powers conferred

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