M.P. STATE ROAD TRANSPORT CORPORATION Vs. STATE OF CHHATTISGARH
LAWS(CHH)-2003-3-8
HIGH COURT OF CHHATTISGARH
Decided on March 29,2003

M.P. State Road Transport Corporation Appellant
VERSUS
STATE OF CHHATTISGARH Respondents

JUDGEMENT

P. C. NAILK, J. - (1.)This petition under Article 226 of Constitution of India has been filed by the M.P. State Road Transport Corporation (Bilaspur) for issuance of a writ of certiorari quashing the order and temporary permit granted to the respondent No. 4 vide Annexure P- 3. Further prayer is for issuance of a writ of mandamus directing respondent No. 1 not to grant temporary permits to private operators on notified route and in contravention of the orders of the State Chhattisgarh and statutory provisions.
(2.)The respondent No. 4 had applied for a grant of stage carriage permit for the route Ambikapur to Raigarh via. Sitapur, Pathalgaon, Dharam-jaigarh and back. According to the petitioner, the route between Ambikapur and Raigarh is reserved under the nationalized Scheme No. 52 M and clause (g) whereof prohibits private operators from plying their vehicles on the nationalized route. It is the case of the petitioner that in complete contravention of the statutory provisions and settled legal position, the respondent No. 3 in an arbitrary manner and without inviting objection from the petitioner-Corporation granted temporary permit to the respondent No. 4, which is liable to be quashed. Admittedly, the said permit was for the period 26-9-2002 to 31-10-2002.
(3.)On the prayer of the learned Counsel for the petitioner Humdast notice was ordered to be issued to respondent No. 4. However, as the record indicates, service report has not been filed. Learned State Counsel had taken notice on behalf of the respondent Nos. 1 to 3 and a preliminary objection has been filed stating that as the M.P. State Road Transport Corporation has been dissolved, so far as the State of C.G. is concerned the petition has become infructuous.


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