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2020 Supreme(Ori) 42

B.R.SARANGI
Regional Transport Officer – Appellant
Versus
Arun Kumar Behera – Respondent


Advocates Appeared:
B.K. Sharma, Advocate, A.U. Senapati, Advocate
Cases Referred
Guruvayoor Devaswom managing Committee vs. C.K. Rajan, (2003) 7 SCC 546
Jagmitta r Sain Bhagat and others vs. Director, Health Services, Haryana and others, (2013) 10 SCC 136
Management vs. Vice Chencellor, (2009) AIR(SCW) 398
Pravat Kumar Mishra vs. State of Orissa, (2015) 2 OrissaLR 963
Punjab Urban Planning and Development Authority vs. Vidya Chetal, (2019) 9 SCC 83
S.P. Goel vs. Collector of Stamps, Delhi, (1996) AIR(SC) 839
Whirlpool Corporation vs. Registrar of Trade Marks, Mumbai, (1999) AIR(SC) 22

JUDGMENT

B.R.Sarangi, J. - The petitioner, being opposite party no.2 before District Consumer Disputes Redressal Forum, Dhenkanal, has filed this writ petition to quash the order dated 30.06.2009 passed in Consumer Complaint No.5 of 2008 by the District Consumer Disputes Redressal Forum under Annexure-2, by which direction has been given to refund the road tax which was collected thrice from opposite party no.1 for the same quarter. It is further directed to pay compensation of Rs.30,000/- to opposite party no.1 within 30 days from the date of order.

2. The factual matrix of the case, in hand, is that opposite party no.1, who was the complainant before the District Consumer Disputes Redressal Forum, was the registered owner of a Mini Bus having registration no.OR-06 B 1271 and was granted permit by State Transport Authority, Odisha, Cutack to ply the bus. The said permit was valid for 119 days starting from 16.01.2005 to 14.05.2005. But, opposite party no.1 could not ply his vehicle because of strong opposition from the existing and/or old permit holders of Dhenkanal Bus Owners Association on the route specified in the permit. Opposite party no.1 brought the said fact to the notice

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