Disposed

Sandhyarani Mishra v. Commissioner Cum Chairman, Sta, Cuttack

Orissa HC15 Oct 2019WP(C)/17285/2019

Case brief

AI extract

What is this about?

The single judge, noting the petitioner had filed an identical petition earlier which resulted in a four-week timeline for a permanent permit decision, disposed of the current petition without merits. The court reiterated the directive for the State Transport Authority to decide the application within one month, threatening contempt proceedings for default.

What did the court decide?

Redirected the State Transport Authority to decide the applicant's permanent permit application within one month of receiving a certified copy of this order, with a threat of contempt proceedings for

Sandhyarani Mishra Vs Commissioner Cum Chairman, Sta… — Service and Employment | Orissa HC (2019)

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W.P.(C) No.17285 of 2019

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15.10.2019 In view of the resolution passed by the Orissa High Court Bar Association, lawyers have abstained from the Court work.

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As it appears, on the selfsame issue in the earlier occasion the petitioner had approached this Court by filing a Writ Petition bearing No.4375 of 2019. Such Writ Petition was disposed of by this Court on 1.03.2019 with the following order:

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“Heard Mr. Pradhan, learned counsel for the petitioner and Miss A. Panda, learned counsel appearing on behalf of Mr. B.K. Sharma, learned Standing Counsel, Transport.

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Accordingly to Mr. Pradhan, in this case, the grievance of the petitioner relates to inaction of the authorities in taking a decision on the application dated 7.6.2018 filed by the petitioner under Annexure-1 for grant of permanent permit vis-à-vis her vehicle bearing Registration no.OD13-E-8507. Accordingly, he prays that a direction be given to opposite party no.1 to take a decision on the aforesaid application within a specified time period.

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Considering the limited nature of prayer/ grievance of the petitioner and without expressing any opinion on the merits of the case, this Court directs opposite party no.1 to take a decision on the application dated 7.6.2018 filed by the petitioner under Annexure-1 for permanent permit in respect of the above noted vehicle in accordance with law within a period of four weeks from the date of production of certified copy of this order.

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The Writ application is accordingly disposed of.

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Issue urgent certified copy.

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A free copy of this order be handed over to the learned Standing Counsel, Transport.”

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It appears, in spite of such direction being given, there has been no consideration of the representation of the petitioner involving permanent permits.

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In such view of the matter and in the event any such dispute still survives, this Court disposes of this Writ Petition with a direction to the opposite party no.1 to take a decision on the application of the petitioner for permanent permit in terms of the direction given in W.P.(C) No.4375 of 2019 on 1.03.2019 within a period of one month from the date of communication of a certified copy of this order by the petitioner. It is further directed that in the event, the order of this Court is not worked out within the time stipulated hereinabove, a suo motu contempt proceeding will be initiated against the CommissionercumChairman, State Transport Authority- opposite party no.1.

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The Writ Petition stands disposed of with the above direction.

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Issue urgent certified copy as per rules.

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…….………………… (Biswanath Rath, J.)

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Ayas

Sandhyarani Mishra v. Commissioner Cum Chairman, Sta, Cuttack

Case brief

What is this about?

What did the court decide?

Sandhyarani Mishra v. Commissioner Cum Chairman, Sta, Cuttack

Case brief

What is this about?

What did the court decide?

What the court decided

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