KANKER ROADWAYS Vs. STATE OF CG

JUDGEMENT

(1.) BY this petition, the petitioner seeks quashing of the notification No. F-5- 58 / Two / VIII- Trans / 2007 dated 2nd March, 2007 (annexure- P/5), order dated 29th September, 2009 (Annexure - P/8) passed by the Assistant Secretary State Transport Authority (for short "the STA"), Chhattisgarh, Raipur, where under the petitioner was informed about rejection of its application dated 1st September, 2009 and also seeks a direction to the respondent authorities to grant temporary permit on the route from Raipur (Chhattisgarh) to chandrapur (Maharashtra) Via Power House, Durg, Rajnandgaon, Dongargaon, Bandha Bazar, Chowki, Mohala, Mannpur, Savargaon, Murumgar, Dhanaura, Chandgaon, Garhchiroli, Samiti, Mool, Chichpali and return.

(2.) THE facts, in nutshell, as projected by the petitioner, are that the petitioner is a partnership firm engaged in the business of transport. After creation of new State of Chhattisgarh, temporary permits were granted by the State of Chhattishgarh for want of reciprocal agreement between the state of Chhattisgarh and State of Maharashtra. One of such route is Rajpur (Chhattishgarh) to Chandrapur (Maharashtra) via Power House, Durg, Rajnandgaon, Dongargaon, Bandha Bazar, Chowki, Mohala, Mannpur, Savargaon, Murumgar, Dhanaura, Chandgaon, Garhchiroli, Samti Mool, Chichpailli and return.

(3.) ON 2nd March, 2007 the notification was published in the Gazette. In the said notification it was stated that though the representations were invited from the interested persons, but no representation has been received by the State Government. In fact, the petitioner had submitted its representation on 23rd September, 2003. However, all of a sudden on 22nd April, 2009 (Annuxure -P/6 ) the respondent No. 2 issued a show cause notice to the petitioner calling upon it to explain also why the temporary permit granted to the petitioner be not cancelled, to which the petitioner submitted its response. Subsequently, by order dated 29th September, 2009 (Annexure- P/8 ), after affording opportunity of hearing to the counsel for the petitioner, the temporary permit granted in favour of the petitioner was cancelled. There after, the petitioner continuously making applications for grant of temporary permit on the said route, but no orders have been passed by the authorities. Thus, this petition.