Jadab Kumar Sahu vs State Of Odisha And Others

K.R. Mohapatra, J

This matter is taken up through hybrid mode.

The Petitioner in this writ petition seeks for a direction to the State Transport Authority to rationalize the timing of the local routes from Aradi to Bhadrak and direct the authorities to consider his representation on the question of conflicting of timing vis-à-vis new stage carriage operator, namely, Opposite Party No.4.

It is submitted by Mr. Rath, learned Senior Advocate for the Petitioner that as per the decision taken at Sl. No. 281 of the meeting of State Transport Authority held on 15th July, 2023 (Annexure-6), a decision was taken that other operators shall be allowed the timing after the Petitioner (objector therein). But surprisingly, although timing for departure of the Petitioner’s stage carriage was prior to Opposite Party No.4 at Bhadrak, but timing for departure of the Petitioner’s stage carriage from Aradi is at 16.25 whereas stage carriage of Opposite Party No.4 is 16.15, i.e. earlier to the Petitioner, who is a comparatively new Operator than the Opposite Party No.4. By this, although the Petitioner has been granted timing prior to Opposite Party No.4 at Bhadrak, but at every stage thereafter the Opposite Party No.4 has been given preference in departure of timing, which is not permissible in law.

Mr. Behera, learned Standing Counsel for Transport Department submits that objection before the State Transport Authority was with regard to clash of timing at Bhadrak only. Hence, the Petitioner being an old operator was given preference in departure timing than the Opposite Party No.4 and it has been decided that the Opposite Party No. 4 will operate after the Petitioner. If the Petitioner has any objection with regard to timing of departure from Aradi or any other intermediary stoppage, he may make an application before the State Transport Authority, which can be considered in accordance with law, giving opportunity of hearing to the operators likely to be affected.

Taking into consideration the submissions made by learned counsel for the parties, this Court feels that issuance of notice to the Opposite Parties and keeping the matter pending before this Court awaiting their response will further delay the matter.

In view of the above, this Court disposes of this writ petition with a direction that in the event the Petitioner moves an application detailing his objection with regard to timing of departure in respect of any intermediary stoppage including Aradi within a week hence, the same shall be considered by the State Transport Authority in accordance with law within a period of four weeks thereafter, giving opportunity of hearing to the parties concerned, keeping in mind the decision taken at Sl. No.281 of the meeting of State Transport Authority held on 15th July, 2023.

Urgent certified copy of this order be granted on proper application.

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