DEBADULLAV MOHANTY Vs. CHAIRMAN, STATE TRANSPORT AUTHORITY, ODISHA

JUDGEMENT

(1.) This writ petition is for issuance of direction upon the opposite parties to reconsider the matter giving opportunity of hearing to the parties confining the parties before the Tribunal in M.V. Appeal No.22 of 2013.

(2.) The brief fact of the case is that the petitioner was operating his vehicles bearing Nos.OR-05AJ-2274 and OR-05AK-2174 on the route Cuttack to Athamalik and back on the strength of successive temporary permits granted by the opposite parties w.e.f. 25.2010. He was refused for grant of further temporary permit by an order passed by the Chairman, State Transport Authority, Odisha dated 103.2012 and notified the route in the newspaper. The said order was assailed by the petitioner in M.V. Appeal No.9 of 2012 before the State Transport Appellate Tribunal, Odisha, Cuttack which was disposed of vide order dated 7.9.2012 whereby and whereunder the order passed by the Original Authority has been quashed and directing the opposite parties to consider the application of the petitioner. Subsequently, the aforesaid matter was carried before this Court by filing a writ petition being W.P.(C) No.17932 of 2012 and this Court has directed the opposite parties to consider the applications made pursuant to the advertisement keeping in view the Office Order dated 8205 dated 28.05.2011.

(3.) Mr. B.K. Sharma, learned counsel has put his appearance to represent the opposite parties and argued the case at length and while arguing, he submits that there is no infirmity in the observation made by the Appellate Tribunal to the effect that to provide an opportunity of hearing to all the affected parties by asking the State Transport Authority for fresh consideration in accordance with law.