LAWS(CHH)-2016-7-69

ABDUL SHAFIQ Vs. REGIONAL TRANSPORT AUTHORITY, RAIPUR

Decided On July 26, 2016
Abdul Shafiq Appellant
V/S
Regional Transport Authority, Raipur Respondents

JUDGEMENT

(1.) Heard.

(2.) The petitioner would assail the appellate order passed by the State Transport Appellate Tribunal (in short "the STAT") affirming the order passed by the Regional Transport Authority, Raipur (in short "the RTA"), rejecting his application for grant of regular stage carriage permit on the route Sarangarh to Raipur via Saraipali, Pithaura, Aarang.

(3.) Relying on the order passed by a coordinate Bench of this Court on 01.07.2014 in WPC No.943 of 2014, it is argued by learned counsel for the petitioner that under Section 80(2) of the Motor Vehicles Act, 1988 (in short "the Act") , whenever RTA propose to reject the application for grant of regular stage carriage permit, a notice is required to be given and hearing to be afforded before passing an order on the point of rejection. It is put-forth that the mandate of the law has not been followed, inasmuch as, although the petitioner was heard but no hearing was afforded on rejection of the application.