DINESH PANIGRAHY Vs. TRANSPORT COMMISSIONER-CUM-CHAIRMAN, STATE TRANSPORT AUTHORITY, ODISHA, CUTTACK AND OTHERS

JUDGEMENT

(1.) The petitioner, who is a bus owner, has filed this application assailing the judgment and order dated 25.01.2017 passed by the State Transport Appellate Tribunal, Odisha in M.V. Appeal No.22 of 2016, by which the order dated 11.08.2016 passed by the State Transport Authority (STA), revising the time allotted with regard to the bus having registration No.OR-07AA-2525 of the petitioner, has been confirmed.

(2.) The factual matrix of the case is that the petitioner owns two buses bearing registration nos.OD-07M-2424 and OR-07AA- 2525. The bus bearing registration no.OD-07M-2424 is plying from Gopalpur to Bhubaneswar via Berhampur, whereas the bus bearing registration no.OR-07AA-2525 is plying from Chikiti to Bhubaneswar via Berhampur. The time of departure of the bus bearing registration no.OD-07M-2424, as fixed by the STA, was 7.00 AM at Berhampur and 1.10 PM at Bhubaneswar. While issuing temporary permit (Annexure-1) for the bus bearing registration No. OR-07AA-2525, its up-trip time of departure was fixed by the STA at 6.00 AM from Chikiti and 8.30 AM from Berhampur and time of arrival at Bhubaneswar was 1.01 PM, and its down-trip time of departure was fixed at 1.10 PM from Bhubaneswar and 5.44 PM from Berhampur and time of arrival at Chikiti was 6.37 PM. On the request of the petitioner, the up-trip departure time of the bus bearing registration no. OR-07AA-2525 was revised to 7.15 AM from Chikiti and 8.30 AM from Berhampur and time of arrival was 1.01 PM at Bhubaneswar; and its down-trip departure time was revised to 1.40 PM from Bhubaneswar, 6.19 PM from Berhampur and time of arrival at Chikiti was 7.12 PM, vide order dated 27.07.2016 at Annexure-4. On 14.08.2015, vide Annexure-5 opposite party no.3 raised an objection that the departure time of the bus bearing registration no. OR-07AA-2525 from Berhampur should be at 7.30 AM instead of 8.30 AM (no objection was raised with regard to departure time, i.e., 1.40 PM of the said bus from Bhubaneswar). On consideration of the objection-Annexure-5, the STA vide order dated 09.08.2016 and consequential order dated 11.08.2016 (Annexure-7 series) again revised the departure time of the bus bearing registration no. OR-07-AA-2525 at Berhampur to 7.15 AM from 8.30 AM, and at Bhubaneswar to 1.10 PM from 1.40 PM. Challenging the orders under Annexure-7 series, the petitioner preferred M.V. Appeal No.22 of 2016 before the State Transport Appellate Tribunal, Odisha, Cuttack, which confirmed the timing fixed by the STA, by judgment dated 25.01.2017 (Annexure-8). Being aggrieved by such revision of time, the petitioner has approached this Court by filing this writ petition.

(3.) Mr. G. Mishra, learned counsel for the petitioner contended that the revision of timing so made by the STA in respect of the bus bearing registration no.OR-07AA-2525, taking into consideration the objection petition dated 14.08.2015filed by opposite party no.3, which has been confirmed by the appellate authority by judgment dated 25.01.2017 in M.V. Appeal No.22 of 2016, suffers from non-application of mind. In objection petition dated 14.08.015 filed by opposite party no.3, when objection was raised only with regard to departure time at Berhampur, the STA, while revising the time of departure at Berhampur, also revised the departure time at Bhubabeswar, which clashes the timing of the other bus of the petitioner bearing registration no.OD-07M-2424. It is further contended that so far as fixation of departure time at Berhampur, i.e., 7.15 AM is concerned, the petitioner may not have any objection, but by fixation of departure time at Bhubaneswar, i.e., 1.10 PM, the petitioner is seriously prejudiced, as it clashes the timing of other bus of the petitioner. Therefore, the orders impugned are liable to be set aside.