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Raj Kishore Jaiswal v. State of Chhattisgarh

Transport Law – Inter-State stage carriage permit

Chhattisgarh HC4 Aug 2025WPC/3294/2025

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Case brief

AI extract

What is this about?

WPC 3294/2025, High Court of Chhattisgarh (Arvind Kumar Verma, J.), 05/08/2025 — inter-state bus permit; counter-signature; deletion of stoppage by STA Raipur; STAT revision; tribunal's jurisdictional excess in deciding unchallenged portions of STA order; set aside and remanded for fresh decision in Review Case No.74/2024; Odisha–Chhattisgarh route (Jharsuguda–Ambikapur via Sundergarh, Tapkera, Pathalgaon); Permit No.32R-2023.

What did the court decide?

Petition allowed: STAT order dated 03/03/2025 set aside; matter remitted to the STAT for fresh decision in Review Case No.74/2024 in accordance with law after giving opportunity of hearing to all concerned parties. ¶35

Raj Kishore Jaiswal Vs State of Chhattisgarh — Chhattisgarh HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the State Transport Appellate Tribunal exceeded its jurisdiction by dismissing the entire order dated 04/11/2024 of Respondent No.2 when the petitioner had challenged only the portion relating to deletion of stoppage. +1 more

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Court's answer

The STAT exceeded its jurisdiction by dismissing the entire order dated 04/11/2024 of the State Transport Authority, Raipur, when the petitioner had challenged only a particular portion of that order.

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Ratio / Principle

The STAT should not have entered into the other aspects of the order which were not challenged before it.

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Key takeaways

The order dated 03/03/2025 is set aside and the matter is remitted back to the STAT for deciding the matter afresh in accordance with law after giving opportunity of hearing to all the concerned parties.ratio¶32

Detailed headnote1 paragraphs

Transport Law — Inter-State stage carriage permit — Permit No.32R-2023 granted by STA Odisha for route Jharsuguda–Ambikapur (valid 31/01/2024 to 30/01/2029), subject to counter-signature — Respondent No.2 (STA Raipur) by order dated 04/11/2024 deleted the petitioner's stoppage falling within Chhattisgarh — Revision before the State Transport Appellate Tribunal challenged only the deletion-of-stoppage portion — STAT, by order dated 03/03/2025, dismissed the revision and further dismissed the entire order dated 04/11/2024 — Held: the STAT exceeded its jurisdiction by travelling beyond the portion challenged and should not have entered into aspects of the order not challenged before it — Order dated 03/03/2025 set aside; matter remitted to the STAT for fresh decision in Review Case No.74/2024 in accordance with law after hearing all concerned parties — Petition allowed. (Paras 6–8)

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2025:CGHC:38754

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

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WPC No. 3294 of 2025

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Raj Kishore Jaiswal S/o Late Shri R.S. Sahu Aged About 58 Years Bus Operator, R/o Rourkela Road, Rani Bagicha, Sundergarh Distt.- Sundergarh (Odisha)

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... Petitioner

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versus

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1 - State of Chhattisgarh Through Secretary, Department of Transport, Mantralaya, Mahanadi Bhawan, New Raipur (C.G.)

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2 - State Transport Authority Raipur Atal Nagar, Nava Raipur (C.G.)

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3 - Deputy Secretary State Transport Authority, Atal Nagar, Nava Raipur (C.G.) 4 - State Transport Authority Odisha, 6th Floor, Rajaswa Bhawan, Chandani Chowk, Cuttack-753002

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5 - Ajay Sarathi Bus Operator, Bus Stand Janjgir Distt.- Janjgir-Champa (C.G.) 6 - Anup Kumar Gupta Balaji Bus Service, Tapkara, Jashpur Distt.- Jashpur (C.G.)

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7 - Mohd. Shahbuddin Bus Operator, Papular Bus Service, Near Old Bus Stand, Ambikapur, Ditt.- Sarguja (C.G.)

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8 - Minatullah Rahmani Bus Operator, Kharsia Naka, Ambikapur, Distt.Sarguja (C.G.)

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9 - Vivek Gupta Bus Operator Bus Stand Korba Distt.- Korba (C.G.) 10 - Ghanshaym Rathore Bus Operator, Bus Stant Janjgir Distt.- JanjgirChampa (C.G.)

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... Respondents

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For Petitioner : Mr. Bharat Lal Dembra, Advocate For State : Ms. Upasana Mehta, Dy GA

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(Hon’ble Shri Justice Arvind Kumar Verma)

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Order on Board

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05/08/2025

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The instant petition has been filed challenging the order dated 03/03/2025 passed by the State Transport Appellate Tribunal Raipur whereby the revision filed by the petitioner has been dismissed.

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Digitally signed by ASHUTOSH ASHUTOSH MISHRA MISHRA Date: 2025.08.07 17:36:03 +0530

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The brief facts of the case are that the petitioner is bus operator and is plying his vehicle on the strength of the permit granted by the State Authorities from time to time. The petitioner has applied for grant of Permanent Inter Stage Carriage Permit on the route Jharsuguda to Ambikapur via Sundergarh, Tapkera, Pathalgaon and back. The STA Odisha has granted the permit as per Permit No.32R-2023 for the period of 5 years from 31/01/2024 to 30/01/2029. As the above permit requires for counter signature therefore an application for change of timing was submitted by the petitioner. After receiving application, the Respondent No.2 vide order dated 04/11/2024 deleted the stoppage of the petitioner which falls under the State of Chhattisgarh. Against the above order the petitioner has filed a revision before the STAT and the STAT by the impugned order dated 03/03/2025 not only dismissed the revision preferred by the petitioner but also dismissed the order dated 04/11/2024 passed by the Respondent No.2. Hence this petition.

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Learned counsel for the petitioner would contend that the learned STAT has committed error by dismissing the revision preferred by the petitioner and the petitioner has prayed for quashing of the order passed by the STAT regarding deletion of stoppage, however, the STAT has dismissed the entire revision. He would next contend that the Respondent No.2 has further committed an error by deleting the stoppage of permit granted by the State of Odisha and no law provides for deletion of stoppage and the petitioner is held liable for the tax of the entire route. He would next contend that it is not

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possible to travel from the State of Odisha to the State of Chhattisgarh without there being any stoppage and the same would also cause inconvenience to the public at large and also would create

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hurdle in picking up the passengers for a particular place.

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Learned State counsel contended that the matter may be remitted back to the STAT to decide afresh.

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I have heard learned counsel for the parties at length and perused the documents with utmost circumspection.

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From perusal of the record it is crystal clear that against the order dated 04/11/2024 (Annexure P/4), the petitioner has filed a revision petition before the STAT against the portion of the order with regard to deletion of stoppage of the petitioner which falls under the State of Chhattisgarh and by the impugned order dated 03/03/2025, the Tribunal has not only dismissed the revision preferred by the petitioner but also dismissed the order dated 04/11/2024. In view of the considered opinion of this court the STAT exceeded its jurisdiction by dismissing the entire order of the State Transport Authority, Raipur and when the petitioner has only challenged the particular portion of the said order, the STAT should not have entered into the other aspects of the order which were not challenged before it.

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