ATANU PATNAIK Vs. STATE TRANSPORT AUTHORITY ORISSA

JUDGEMENT

(1.) Some cases have no end to their litigative battles and the present case, as it appears, is one such case. Right from December, 1993 a dispute relating to fixation of timings and change of alignment is continuing. The unabated impugned order dated 10-2-1998 as at Annexure-13 has provided considerable fuel to the battle fire. Without tracing the litigative history in detail, it would suffice to take note of the actions taken and the orders passed by the opposite parties which form subject-matter of dispute in the present case.

(2.) The case of the petitioner in essence is that on 10-12-1997 the Secretary of the State Transport Authority (shortly called 'the S.T.A.') passed a reasoned order directing inter-change of timings between the petitioner and opposite party No. 3 by giving the latter preference and a stipulation that the petitioner will not have any stoppage at the F.C.I. site. The timings and the route have been indicated in the temporary permit issued under the Motor Vehicles Act, 1988 (in short 'the Act') and the Orissa Motor Vehicles Rules, 1993 (in short 'the Rules'). On 18-12-1997 an application was filed by opposite party No. 3 before the Chairman, S.T.A. for re-hearing of the objection dated 1-12-1997 filed by him before the Secretary, S.T.A. and for recalling the order dated 10-12-1997 passed by the Secretary and to change the timings of the petitioner and also the alignment of his existing route. Petitioner filed objection to the maintainability of the application on the ground that the Chairman had no power to entertain the application and/or the prayer made.

(3.) By the impugned order dated 10-2-1998 the Chairman, inter alia, passed the following order:-