ARABINDA MISHRA Vs. STATE TRANSPORT AUTHORITY

JUDGEMENT

(1.) In this writ application, the petitioner calls in question the Policy decision at Item No.3 taken by the State Transport Authority, Odisha in its 287th Meeting on 22.01.2019 under Annexure-3 whereby the Secretary, Regional Transport Authorities have been authorised to issue and renew National Permit and issue authorisation in respect of goods carriages.

(2.) The petitioner is a transport operator engaged in goods transport on the strength of goods carriage permit as well as National Permit granted by the State Transport Authority, for short "STA". The last authorisation of National Permit granted in respect of his vehicle bearing Registration No.OD-16A-8353 was valid till 10.4.2019 as per Annexure-1. On 13.3.2019, i.e., much prior to expiry of the above noted validity period, the petitioner applied for authorisation and National Permit before the Chairman, STA (opposite party no.2) in Form-46. However, the said application was not received by the Secretary, STA (opposite party no.3) on the ground that as per the Policy decision under Anexure-3 as indicated earlier the application for National Permit has to be made before the Secretary, Regional Transport Authorities of the concerned region. Questioning such action, the petitioner has filed this present writ application.

(3.) Mr. Behera, learned counsel for the petitioner contended that such action of the opposite party no.3 directly violates the mandate of Sub-Rule (5) of Rule 43 and Sub-Rules (9) & (10) of Rule 47 of the Orissa Motor Vehicles Rules, 1993, for short "OMV Rules". According to Mr. Behera as per the above noted Rules, application for grant of National Permit is to be made to the STA and STA is the appropriate authority to dispose of such application. In such background, he attacked the impugned Policy decision under Annexure-3 which divests such power of STA and invests such power only in the Regional Transport Authorities, for short, "R.T.As". Accordingly, he prayed that the Policy decision of Clause-3.1 under Item No.3 of Annexure-3 be quashed.