DILLIP KUMAR MOHANTY Vs. STATE OF ODISHA

JUDGEMENT

(1.) WHETHER the Secretary, Regional Sub-Divisional Private Bus Owners' Association, Athagarh, opposite party no.6, in W.P.(C) No.8667/2011 should be directed to park their Buses in the Orissa State Road Transport Corporation(OSRTC) Bus Stand, which has been leased to the petitioner is the question that arises in these bunch of cases.

(2.) IN CONTC.No.2172/2011, the petitioner prays that the opposite party be punished for violation of the order passed by this Court on 10.5.2011 in W.P.(C) No.8667/ 2011 & Misc. Case No.5518/ 2011. In W.P.(C) No.8667/2011, the petitioner prays that the mandamus be issued to the opposite parties to remove or demolish the unauthorized Bus Stand constructed by opposite party no.6 on P.W.D. road and public road and to issue a writ of certiorari quashing the resolution/order of the NAC declaring the second temporary Bus Stand in Athagarh. He also prays that opposite party no.4, i.e. the Commissioner S.T.A., to take stringent action cancelling or withdrawing the route permits of the Bus operators, who operate their Buses via Athagarh and prevent opposite party no.6 to make any obstruction in entering the Buses into the OSRTC Bus Stand in collecting the parking fees. W.P.(C) No.4809/2011 has been filed by the same petitioner, who had taken the Bus Stand on lease from the OSRTC. He has filed this writ petition almost with similar prayer. He prays that mandamus be issued directing the opposite parties 1 to 5 to restrain opposite party no.6 for interference in operation of the Bus Stand and collection of parking fees in Athagarh Bus Stand and direct the opposite party nos.4 and 5 to see the smooth entry of private Buses into the Athagarh Bus Stand and stop the parking of the said Buses on public road. Further direction has been sought against opposite party no.4 not to open a new Bus Stand or permit the same in Athagarh deviating the law and direct opposite party no.5 to check the illegal activities of opposite party no.6. W.P.(C) No.7390/2011 is in the nature of Public Interest Litigation, wherein the same prayer has been made by the petitioners. They seek direction to opposite party nos.1 to 4 to restrain opposite party no.5 from creating hindrances and obstructions in entering the private Buses to OSRTC Bus Stand, Athagarh and in collecting the parking fees and direct the opposite party nos.3 and 4 to take actions against opposite party no.5, who creates obstructions of entrance of Buses into the Bus Stand direct the opposite party nos.1 and 2 to withdraw or cancel the road permits of the Buses or Bus owners who violate the provisions of the Motor Vehicles Act. CONTC. No.1906/2012 has been filed against the opposite parties namely, the Inspector-in-Charge, Athagarh Police Station and the Secretary of Regional Sub-Divisional Private Bus Owners' Association, Athagarh for violation of the order passed by this Court on 03.7.2012 in W.P.(C) No.7390/2011.

(3.) THE OSRTC on 10.12.2010 invited open tenders for license of OSRTC Land/Bus Stand, Athagarh for collection of parking fees from Private Buses for 36 months in question. In pursuance of such tender, the petitioner participated in the Tender process on payment of required fees and after due negotiation agreed to pay monthly rent @ Rs.6,100.00 per month for such collection of parking fees from vehicles inside the Bus Stand and agreed to undertake sanitation work in the Bus Stand by engaging his own personnels. The allotment order was issued on 15.1.2011.