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High CourtsSingle Bench(2023) 05 OHC CK 0228

Puspanjali Gaana vs State of Odisha And Others

Orissa High Court · Decided on 15 May 2023

HON’BLE JUDGES
K.R. Mohapatra, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (C). No. 15559 Of 2023
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Judgment

11 paragraphs · 377 words

K.R. Mohapatra, J

I.A. No.7148 of 2023

1.

This matter is taken up through hybrid mode.

2.

The main grievance of the Petitioner is with regard to competence of the committee to entertain the objection raised by one, Sri. Subrat Shee. It is the submission of Mr. Kar, learned counsel for the Petitioner that the Chairman as well as member at Serial Nos. 1 and 2 of the Committee are not competent to function as such, in view of Section 68(2) of Motor Vehicles Act, 1988.

3.

Mr. Kar, learned counsel further submits that the Petitioner is aggrieved by the decision at item No. 3.2 of 300th Virtual Meeting of S.T.A., Odisha held on 24th March, 2023 (Annexure-5). Referring to the permanent permit at Annexure-1, Mr. Kar, learned counsel submits that Bhagawanpur is already there in the route chart. Pursuant to the decision of the S.T.A., the Petitioner has been directed to submit the permanent permit for necessary correction to insert Bhagawanpur as a stoppage. It is his submission that since the route chart contains a stoppage at Bhagawanpur, there is no requirement of insertion of Bhagawanpur as stoppage in the permanent permit.

4.

Mr. Kar, learned counsel further submits that the Petitioner was not given opportunity to put forth her case. The Petitioner was intimated only on 23rd April, 2023 and the matter was taken up on 24th April, 2023. Although the objector was absent when Item No.3.2 of was considered, but it has been observed that his submission has been taken into consideration. Thus, the impugned order is an outcome of total non-application of mind.

5.

Mr. Behera, learned Standing Counsel for the Transport Department prays for an adjournment to take instruction on the same.

6.

In view of the above, this Court adjourns the matter to be listed on 5th July, 2023, by which date, instruction, if any, shall be obtained positively.

7.

In the meantime, decision at Item No.3.2 in the 300th Virtual Meeting of S.T.A., Odisha held on 24th March, 2023 under Annexure-5 shall remain stayed till next date.

8.

Two extra copies of the writ petition along with the interim application shall be served to Mr. Behera, learned Standing Counsel for the Transport Department to take instruction in the matter.

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