The court affirmed that non-communication by authorities regarding permit decisions invalidates claims of automatic cancellation due to inaction, highlighting the Transport Authority's duty to inform applicants timely.

ORDER :

Naresh Kumar Chandravanshi, J.

1. Facts relevant for disposal of the writ petition are that the respondent- Bus Owner/Transporter submitted an application for grant of permit before Regional Transport Authority (RTA) Bastar Region, Jagdalpur for route mentioned therein which falls within the jurisdiction of the RTA Bastar Division Jagdalpur. Application submitted by the respondent-Bus Owner was allowed vide order dated 19.12.2019 with certain conditions. Transporter, as per the condition mentioned in the permit made an application initially on 17.12.2020 for grant of permit pursuant to order passed by the RTA Jagdalpur on 19.12.2019 which was not considered and thereafter again the application was submitted before the RTA, Chhattisgarh, Raipur for issuance of permit on 13.9.2021. When the RTA Raipur did not pass any order, Transporter has approached State Transport Appellate Tribunal (STAT) by way of filing an appeal. The Appellate Tribunal issued notice to respondent therein and upon hearing the respondent as well as the counsel appearing on behalf of the RTA Chhattisgarh/Department passed orders directing issuance of permit in favour of appellants therein within a period of 7 days, also made certain observation against petitioners No.2 & 3/State authorities and imposed cost of Rs.10,000/-. This order is challenged by the State in the instant petition on the ground mentioned therein as also by the bus owner.

2. Learned counsel for the petitioners/State would submit that the RTA Bastar, Division Jagdalpur while allowing the application for grant of stage carriage permit under Section 72 of the Motor Vehicles Act, 1988 (for short “the Act of 1988”) in its order dated 19.12.2019 have specifically mentioned pre-condition for further issuance of permit including the condition that it is the duty upon the bus owner/applicant to obtain the permit within a period of 30 days and to start plying the vehicle on route concerned. Transporter has not made any attempt for obtaining permit pursuant to order passed by RTA on 19.12.2019. State Govt. vide Notification dated 24.12.2019 have constituted a Single Regional Transport Authority for Chhattisgarh State at Raipur, abolished all the Regional Transport Authorities in Division and Regions. Respondent for the first time made an application before the RTA Chhattisgarh Raipur on 13.09.2021 which is after lapse of 30 days as prescribed in order dated 19.12.2019 for obtaining permit and to start plying of buses. By virtue of non-compliance of the condition mentioned in the order itself the order stood cancelled automatically after lapse of period of 30 days. Therefore, there was no question to grant permit pursuant to order dated 19.12.2019. He also referred to Section 89 of the Act of 1988 and submitted that the respondent has preferred an appeal referring the provision under Section 89 (f) of the Act of 1988, which is not applicable to the facts of the case. Hence, the STAT erred in considering the appeal filed by respondent on merits.

3. Learned counsel for Transporter would submit that under Rule 74 of the Chhattisgarh Mot