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2023 Supreme(Chh) 218

P. SAM KOSHY
Avdhesh Ranjan Jaiswal, S/o Shri Mukesh Kumar Jaiswal – Appellant
Versus
State of Chhattisgarh – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. B.L. Dembra, Advocate.
For the Respondents:Mr. Rahul Jha, Govt. Advocate.

ORDER :

1. Aggrieved by the Order dated 6.2.2023 (Annexure P-1) passed by Respondent No.2, the Regional Transport Authority, the present Writ Petition has been filed by the Petitioner.

2. Vide the impugned Order, the Authority concerned has rejected the application of the Petitioner seeking for permit on the route Kansbahara to Manendragarh via Ushad, Barour, Marvahi, Danikundi, Sakda, Jaroundha, Devadand, Koda with 2 return trips daily.

3. The impugned Order would reveal that the application of the Petitioner has been rejected, primarily, on three grounds. The first two grounds being that of there being a clash of timing with the other operators and the third ground being that of the permit sought for is one which is in respect of three terminals, which is otherwise not permissible under the provisions of the Motor Vehicles Act, 1988 (for short, 'the MV Act').

4. Assailing the impugned Order, learned Counsel for Petitioner submits that the impugned Order so far as the first and second grounds are concerned, the same is hit by the provisions of Sections 71 and 80 of the MV Act. According to the Petitioner, before rejecting the application of the Petitioner, the concerned Authority has

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