GHANSHYAM RATHORE Vs. STATE TRANSPORT APPELLATE TRIBUNAL DEPARTMENT

JUDGEMENT

(1.) Both the writ petitions arise from the same facts and the authority below has allowed the revision filed by the respondent No. 5, by common order dated 10-8-2010 (Annexure P-l) passed in Revision Nos. 132 and 133 of 2009. Thus, both the writ petitions are being considered and disposed of by this common order.

(2.) The indisputable facts, in brief, as projected by the petitioner, are that the petitioner made an application under Section 72 of the Motor Vehicles Act, 1988 (for short 'the Act, 1988') for grant of permanent stage carriage permit on the bus route from Jamnipali to Jashpur, via Korba, Balco, Dharamjaigarh, Patthalgaon, Bagbahar, Pandripani, single trip daily and vice versa, before the Regional Transport Authority (for short 'the RTA'), Bilaspur. The respondent No. 5 objected the application on the ground that the distance of the route falls within the territorial jurisdiction of the Regional Transport Authority, Ambikapur. Thus, the respondent No. 2 has no authority to entertain the application for grant of bus permit. The application of the petitioner as well as the objections of the respondent No. 5 were considered and the Regional Transport Authority, Bilaspur, passed the order granting permit under the signature of RTA, Ambikapur. Being aggrieved, the respondent No. 5 filed a revision before the respondent No. 1, i.e., the State Transport Appellate Tribunal challenging the order dated 30-6-2009 (Annexure P-2). The question raised by the respondent No. 5 before the Tribunal was that the route from Jashpur to Jamnipali was not notified. The route was from Patthalgaon to Jamnipali and Patthalgaon to Jashpur, separately. The objection of the respondent No. 5 was rejected by the Tribunal. The respondent No.lheld that the route from Jashpur to Jamnipali, via Patthalgaon, Dharamjaigarh, Ghati. Rajgamar, Balco, Korba, vide notification dated 14-6-2004 at serial No. 318.

(3.) On the second question raised before the Tribunal that the Regional Transport Authority, Bilaspur had no jurisdiction to entertain the application for grant of bus permit on the above stated route for single trip as before making the application by the petitioner on 11-2-2009, the Regional Transport Authority, Ambikapur was notified on 30-1-2009..Thus, the Regional Transport Authority, Bilaspur had no jurisdiction to consider and grant regular permit for the route Jamnipali to Jashpur.