Raipur, Chhattisgarh v. 1 - State Of Chhattisgarh Through The Secretary, Department Of Transport Indrawati Bhawan Mantralaya
Case Details
1 Digitally signed by REKHA SINGH 2025:CGHC:5664 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1852 of 2019 1 - M/s. Gappu Mahendra Travels Pvt. Ltd Through Its Director Mr. Ajay Singh Gill Hira Archade, Pagariya Complex, Pandri Raipur Chhattisgarh, District : Raipur, Chhattisgarh --- Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Transport Indrawati Bhawan Mantralaya, Naya Raipur Chhattisgarh., District : Raipur, Chhattisgarh 2 - The Chairman State Transport Authority Chhattisgarh, Mahanadi Bhawan Naya Raipur Chhattisgarh., District : Raipur, Chhattisgarh 3 - The Secretary, State Transport Authority Chhattisgarh, Mahanadi Bhawan, Naya Raipur Chhattisgarh., District : Raipur, Chhattisgarh 4 - Mohd. Mastan Khan S/o Mohd. Umar Khan R/o House No. 502a/ Ring Road No. 1, Priyadarshaniya Nagar, Telibandha Raipur Chhattisgarh., District : Raipur, Chhattisgarh --- Respondent(s) with WPC No. 2024 of 2019
Legal Reasoning
1 - M/s. Gappu Mahendra Travels Through Its Director Mr. Ajay Singh Gill Hira Archde, Pagariya Complex, Pandri, Raipur, Chhattisgarh., District : Raipur, Chhattisgarh ---Petitioner(s) 1 - State Of Chhattisgarh Through The Secretary, Deparetment Of Versus -2- Transport, Indrawati Bhawan, Mantralaya, Naya Raipur, Chhattisgarh., District : Raipur, Chhattisgarh 2 - The Chairman State Transport Authority Chhattisgarh, Mahanadi Bhawan, Naya Raipur, Chhattisgarh., District : Raipur, Chhattisgarh 3 - The Secretary State Transport Authority Chhattisgarh, Mahanadi Bhawan, Naya Raipur, Chhattisgarh., District : Raipur, Chhattisgarh 4 - Abdul Rashid Khan S/o Mohd. Umar Khan R/o A08, Near Suvidha Vihar, Mahavir Nagar, Telibandha, Raipur, Chhattisgarh., District : Raipur, Chhattisgarh --- Respondent(s) with WPC No. 2157 of 2019 1 - M/s Kanker Roadways Pvt. Ltd. Through Its Director Mr. N.S. Garcha Civil Lines, Raipur, Chhattisgarh.- 492001, District : Raipur, Chhattisgarh ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Transport, Indrawati Bhawan, Mantralaya, Naya Raipur, Chhattisgarh.- 492002, District : Raipur, Chhattisgarh 2 - The Chirman State Transport Authority Chhattisgarh, Mahanadi Bhawan, Naya Raipur, Chhattisgarh., District : Raipur, Chhattisgarh 3 - The Secretary State Transport Authority Chhattisgarh, Mahanadi Bhawan, Naya Raipur, Chhattisgarh., District : Raipur, Chhattisgarh 4 - Mohd. Akram Khan S/o Abdul Gaffar Khan Metro Star Services, New Bus Stand, Pandri, Raipur, Chhattisgarh.- 492001., District : Raipur, Chhattisgarh --- Respondent(s) with WPC No. 2054 of 2019 1 - M/s Gappu Manendra Travels Pvt. Ltd., Through Its Director Mr. Ajay Singh Gill Hira Archade, Pagariya Complex, Pandri, Raipur - 492004 Chhattisgarh., District : Raipur, Chhattisgarh ---Petitioner(s) Versus 3 1 - State Of Chhattisgarh Through The Secretary, Department Of Transport, Indrawati Bhawan, Mantralaya, Naya Raipur - 492002 Chhattisgarh., District : Raipur, Chhattisgarh 2 - The Chairman State Transport Authority Chhattisgarh, Mahanadi Bhawan, Naya Raipur Chhattisgarh., District : Raipur, Chhattisgarh 3 - The Secretary, State Transport Authority Chhattisgarh, Mahanadi Bhawan, Naya Raipur Chhattisgarh., District : Raipur, Chhattisgarh 4 - Rajbir Singh Bhamra, S/o Late Shri Baldev Singh Bhamra, R/o House No. B - 04 /02, Sector 04, Uday Society Agrasen Bhawan Tatibandh, Raipur Chhattisagrh., District : Raipur, Chhattisgarh --- Respondent(s) with WPC No. 1868 of 2019 1 - M/s. Gappu Mahendra Travels Pvt. Ltd, Through Its Director Mr. Ajay Singh Gill Hira Archade, Pagariya Complex, Pandri, Raipur - 492004 Chhattisgarh., District : Raipur, Chhattisgarh ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Transport, Indrawati Bhawan, Mantralaya, Naya Raipur - 492002 Chhattisgarh., District : Raipur, Chhattisgarh 2 - The Chairman, State Transport Authority Chhattisgarh, Mahanadi Bhawan, Naya Raipur Chhattisgarh., District : Raipur, Chhattisgarh 3 - The Secretary, State Transport Authority Chhattisgarh, Mahanadi Bhawan, Naya Raipur Chhattisgarh., District : Raipur, Chhattisgarh 4 - M/s P.S. Construction Through Prop. Mr. Priyesh Singh Thakur Metro Star Service, New Bus Stand, Pandri , Raipur 492001 Chhattisgarh., District : Raipur, Chhattisgarh --- Respondent(s) with WPC No. 2486 of 2019 1 - M/s. Kanker Roadways Pvt. Ltd Through Its Director N.S. Garcha, Son Of Preetam Singh Garcha, Resident Of Civil Lines Raipur District Raipur 492001 Chhattisgarh., District : Raipur, Chhattisgarh -4- Versus ---Petitioner(s) 1 - State Of Chhattisgarh Through The Secretary, Department Of Transport, Indrawati Bhawan, Mantralaya, Naya Raipur 492002 Chhattisgarh., District : Raipur, Chhattisgarh 2 - The Chairman, State Transport Authority Chhattisgarh, Mahanadi Bhawan, Naya Raipur Chhattisgarh., District : Raipur, Chhattisgarh 3 - The Secretary State Transport Authority Chhattisgarh, Mahanadi Bhawan, Naya Raipur Chhattisgarh., District : Raipur, Chhattisgarh 4 - Kaushal Prasad Nayak Son Of Shri Khilawan Prasad Nayak, Resident Of House No. 407, Janta Colony, Gudiyari, Raipur Chhattisgarh., District : Raipur, Chhattisgarh ---- Respondents For Petitioners For State : : None appears even in the second round Mr. Vinay Pandey, Deputy A.G. Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 30.01.2025 1. Heard. 2. On 23.01.2025, when these matters were taken up for hearing, no one appeared on behalf of the petitioners in two rounds. 3. Today again, there is no representation on behalf of the petitioners. 4. In these petitions, the petitioners have challenged the order passed by the State Transport Authority, Raipur dated 02.02.2019 and All India Permit dated 04.02.2019 granted in favour of respondent No.4/Motor operators namely, Mohd. Mastan Khan, Kaushal Prasad Nayak, M/s. P.S. Construction, Abdul Rashid Khan, Rajbir Singh Bhamra and Mohd. Akram Khan. 5 5. The facts of the present case are that according to the provisions of Section 88(9) of the Motor Vehicles Act, 1988, 22 applications were received by the State Transport Authority, Chhattisgarh for the grant of All India Tourist Permit. The petitioners, herein, filed objections against the applications moved by Mohd. Mastan Khan, Kaushal Prasad Nayak, M/s. P.S. Construction, Abdul Rashid Khan, Rajbir Singh Bhamra and Mohd. Akram Khan. The authority concerned considered objections raised by the Objectors and thereafter granted All India Permit in favour of respondent No.4/Motor operators namely, Mohd. Mastan Khan, Kaushal Prasad Nayak, M/s. P.S. Construction, Abdul Rashid Khan, Rajbir Singh Bhamra and Mohd. Akram Khan. 6. The petitioners have filed these petitions on the ground that the objections filed by the petitioners were not considered by the State Transport Authority. 7. Mr. Pandey, the learned Deputy Advocate General appearing for the State would submit that the order impugned would reveal the fact that the authority concerned has considered objections raised by the petitioners and thereafter, the final order was passed. He would also submit that these petitions deserve to be dismissed. 8. Heard the learned Deputy Advocate General appearing for the State and perused the impugned order placed on the record. 9. A perusal of the order passed by the State Transport Authority would show that the objections raised by the petitioners against respondent No.4/Motor operators namely, Mohd. Mastan Khan, -6- Kaushal Prasad Nayak, M/s. P.S. Construction, Abdul Rashid Khan, Rajbir Singh Bhamra and Mohd. Akram Khan were considered and thereafter, the final order was passed and thus, the contention made in these petitions appear to be misconceived. 10. Taking into consideration the above-discussed facts, I do not find any good ground to interfere with the order passed by the State Transport Authority. Consequently, these petitions fail and are hereby dismissed. 11. The interim order, if any, granted earlier is hereby vacated. Rekha Sd/- (Rakesh Mohan Pandey) Judge