The court permitted the petitioner to file a fresh application for a stage carriage permit countersignature, directing the authority to decide it within 45 days, recognizing the impact of administrative restructuring and the petitioner's right to livelihood.

Order on Board

1. The petitioner has filed this writ petition seeking following reliefs :

“A. The Hon'ble Court may kindly be graciously pleased to issue a writ of certiorari quashing the impugned order dated 1.7.2020(Ann. P/4), passed by respondent no.2.

B. Any other relief which the Hon'ble court deem, fit and proper looking to the facts and circumstances of the case in favour of the petitioner.”

2. Facts of the case, as projected in the petition, are that the petitioner applied for grant of a regular stage carriage permit on the route Bilaspur to Jashpur via Pamgarh, Gidhori and Sarsiva along with all requisite documents and prescribed fees under the provisions of the Motor Vehicles Act and the Rules framed thereunder. It is submitted that since the said route falls within the jurisdiction of more than one Regional Transport Authority, the petitioner initially approached the competent authority where the major portion of the route lies, i.e., R.T.A. Bilaspur. The said authority, after considering the application and objections, granted the permit vide order dated 22.04.2019, subject to the condition of obtaining countersignature from the concerned authority. Pursuant thereto, the petitioner applied for countersignature of the said permit before the competent authority along with all necessary documents and fees. The matter was taken up for consideration and even heard; however, due to subsequent restructuring of transport authorities in the State and transfer of powers to the State Transport Authority (Transport Commissioner, Chhattisgarh), the application remained pending and was ultimately rejected vide order dated 01.07.2020. It is further the case of the petitioner that despite the application having been filed and taken up for consideration, the same has not been properly adjudicated and the petitioner has been deprived of the benefit of the permit for a prolonged period. It is also submitted that due to administrative changes and subsequent developments, considerable time has elapsed and the petitioner continues to suffer on account of non-grant of effective permit.

3. Learned counsel for the petitioner submits that the present matter essentially relates to grant of permit wherein countersignature by the competent authority is required. It is contended that the petitioner had duly filed an application for grant of countersignature along with all necessary documents and fees, and the same was also taken up for consideration by the authority. However, it is submitted that despite lapse of considerable time, the application has not been effectively decided in accordance with law. Learned counsel further submits that due to passage of time, which is approximately five years, the petitioner seeks liberty to file a fresh application along with the earlier application and relevant documents before the competent authority. It is therefore prayed that this Court may direct the concerned Regional Transport Authority/State Transport Authority, Chhattisgarh to consider and decide the application of the petitioner, particularly in terms of Section 81 of the Motor Vehicles Act, within a reasonable and expeditious period. Learned counsel emphasizes that the petitioner is engaged in transport business and delay in grant of permit is causing serious prejudice and loss of livelihood, and therefore, appropriate directions may be issued for early decision of the application.

4. Learned State counsel submits that the State has no objection if the petitioner is permitted to file