Dismissed

State of Chhattisgarh v. Davinder Singh Gandhi

Chhattisgarh HC15 Jul 2022WPC/2685/2022

Case brief

AI extract

What is this about?

The Court dismissed the State's writ petition assailing an order of the State Transport Appellate Tribunal. The petition was unsustainable because a co-ordinate bench had already directed the authorities to comply with the impugned order in a prior writ petition.

What did the court decide?

The writ petition stands disposed of as it is not sustainable given the prior order of the co-ordinate bench.

State of Chhattisgarh Vs Davinder Singh… — Civil Procedure and Limitation | Chhattisgarh HC (2022)

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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Writ Petition (C) No. 2685 of 2022

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1. State of Chhattisgarh Through The Secretary, Government of Chhattisgarh, Department Of Transport, Mahanadi Bhawan, Mantralaya, Atal Nagar, Nava Raipur (C.G.) (The Petitioner No. 1 Was Not A Party Before The Learned State Transport Appellate Tribunal But Has Been Impleaded As Petitioner No. 1 In The Instant Petition As The Proper Course Is To Implead The State Government Through The Secretary Of The Concerned Department)

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2. Regional Transport Authority, Chhattisgarh, Raipur.

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---Petitioner(s)

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Versus

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1. Davinder Singh Gandhi S/o Shri Bhupendra Singh Gandhi, R/o Main Road Pamgarh, District : Janjgir-Champa, Chhattisgarh

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2. Manohar Gandharv Bus Operator, Office - C/o Prayag Travels, New HiTech Bus Stand, Bilaspur, District : Bilaspur, Chhattisgarh

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3. Shabd Prakash Laat, Bus Operator, Through Arun Prakash Laat, Near Bus Stand, Bilaspur, District : Bilaspur, Chhattisgarh

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4. Mohd. Harun, Bus Operator, Through Istiyaq Ahmad, Ward No. 10, Rajiv Gandhi Chowk, Talapara Road, Bilaspur, District : Bilaspur, Chhattisgarh

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5. Istiyaq Ahmad S/o Shri Rafiq Ahmad, Ward No. 10, Rajiv Gandhi Chowk, Talapara Road, Bilaspur, District : Bilaspur, Chhattisgarh

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6. Shahanawaj Khan Bus Operator, Imlipara, Bilaspur, District : Bilaspur, Chhattisgarh

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---Respondents

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For Petitioners/State : Shri Ghanshyam Patel, Govt. Advocate. For Respondent No.1 : Shri Anshul Ranjan Shrivastava. Advocate.

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Hon'ble Shri Justice P. Sam Koshy Order on Board

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15.07.2022

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1. Present writ petition has been filed assailing the order dated 01.09.2021 passed by the State Transport Appellate Tribunal, Raipur, in Appeal No.A9/2020.

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2. During the course of the hearing, the counsel for respondent No.1 submits that the respondent No.1 had already filed a writ petition seeking for a direction to the State authorities for compliance of the said order dated 01.09.2021 which is under challenge in the present writ petition. The said writ petition filed by the respondent No.1 was registered as WPC No.1532 of 2022. The said writ petition was disposed of on 29.03.2022 directing the Regional Transport Authority to comply with the order dated 01.09.2021

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within a period of 15 days from the date the order is communicated. The said order was a by-party order in the presence of the State counsel.

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3. Given the fact that there is already an order passed by the co-ordinate Bench of this court exercising the writ jurisdiction under Article 226 of the Constitution of India directing the State authorities for complying with the order dated 01.09.2021, the subsequent writ petition preferred by the State assailing the same order now by way of a fresh writ petition would not be sustainable. Nothing prevents the State from availing such other remedies available to the State against the order dated 01.09.2021 and order dated 29.03.2022 passed in WPC No.1532 of 2022.

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4. With the aforesaid observations, the writ petition stands disposed of.

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Sd/-

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(P. Sam Koshy) Judge

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inder

State of Chhattisgarh v. Davinder Singh Gandhi

Case brief

What is this about?

What did the court decide?

State of Chhattisgarh v. Davinder Singh Gandhi

Case brief

What is this about?

What did the court decide?

What the court decided

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