Disposed

Sri Sri Gouri Sankar Bus Owners Association, Ganjam v. State of Odisha

Orissa HC22 Aug 2023WP(C)/1865/2023

Case brief

AI extract

What is this about?

Petitioner sought direction to restrain issuance of new bus permits to an opposite party without political clearance. Court observed government relaxed 2018 restrictions in 2021. Petitioner agreed to permit issuance if they were given an opportunity to move appropriate application.

What did the court decide?

Direction that if Petitioner moves an application to Collector, Ganjam, it shall be considered in accordance with law.

Sri Sri Gouri Sankar Bus Owners Association, Ganjam Vs… — Service and Employment | Orissa HC (2023)

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IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C). NO.1865 OF 2023 Sri Sri Gouri Sankar Bus Owners …. Petitioner Association, Ganjam

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Mr. Debasis Panigrahi, Advocate

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-versus-

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State of Odisha and others

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…. Opp. Parties

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Mr. Pravakar Behera, Standing Counsel (For Transport Department)

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CORAM:

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JUSTICE K.R. MOHAPATRA

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Order No.

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ORDER 22.08.2023 This matter is taken up through hybrid mode.

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This writ petition has been filed for a direction to R.T.O., Ganjam- Opposite Party No.4 at Chhatrapur not to issue new permits to the buses of the Opposite Party No.3-Urban Transport Services Ltd. (GUTSL) bearing Registration Nos. OD07-D-8401, OD-07-D-8402 and OD-07-D-8404 and for a direction to ply buses on the routes as per permits granted earlier.

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It is submitted by Mr. Panigrahi, learned counsel for the Petitioner that when Opposite Party No.4 made an attempt to issue permits to the buses plying under Ganjam Urban Transport Service Ltd. (GUTSL), the Petitioner-Association raised objection. Similar objections were also raised by All Odisha Bus Owners’ Association. Accordingly, a meeting was held under the chairmanship of Hon’ble Minister, Water and Resources and

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Page 1 of 4

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Housing Urban Development on 14^th March, 2018 and the following decisions were taken:

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“After detailed discussion, the following decisions were taken:

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A high level Committee to be formed with Commerce & Transport Department & H & U.D. Department to examine the concerns raised by the Bus owners Association in running of City Buses in the State.

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The Committee will examine and recommend to Government for taking decision on rules and procedures on plying of City Buses beyond and within the City limit. The report of the Committee to be submitted to Government within three months of its constitution.

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Till these issues are decided as per procedure mentioned here above, no new permit to be issued by STA/RTA to the City Buses to ply on any inter-city route in the State. However, the existing buses having due permit can ply on the inter-city routes as usual along with renewal of those permits.

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The meeting ended with vote of thanks to Chair and participants.”

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Thereafter, no meeting of high level Committee has yet been held to resolve the issue of issuance of permits to inter-city buses. Recently, the RTO, Ganjam contemplated the issue permits to aforesaid stage-carriages to be plied under the Opposite Party No.3. Hence, this writ petition has been filed,

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Considering the submission of learned counsel for the Petitioner, this Court directed Mr. Behera, learned Standing Counsel for Transport Department to take instruction in the matter.

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Mr. Behera, learned counsel filed an affidavit of R.T.O., Ganjam at Chatrapur- Opposite Party No.4 and stated that the conditions imposed in the meeting dated 14^th March, 2018 subsequently relaxed by the State Government and was communicated to the concerned Collectors and stake holders

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Page 2 of 4

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vide letter dated 27^th August, 2021. Relevant portion of the said letter reads as under:

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“ Sir,

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I am directed to invite a reference to the subject noted above and to say that in the meeting held on 14.03.2018 under the chairmanship of the Hon’ble Minister, Housing and Urban Development in the presence of Hon’ble Minister, Commerce & Transport (T), it was decided that “no new permit will be issued by STA/RTA to the city buses to ply on any inter-city route in the State till the issues on plying of city buses beyond the city limits are resolved. However, the existing buses having due permit can ply on the inter-city routes as usual along with renewal of those permits” (copy of minutes of meeting attached). Consequently, all Special Purpose Vehicles (SPVs) found it difficult in plying of city buses especially on inter-city routes within their cluster due to want of route permits and many buses were kept idle since 2018.

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The above issue was taken up in the meeting held under the chairmanship of Chief Secretary on 25.02.2021 wherein it was decided that “H & D Department would obtain government Approval to relax the restrictions in issuing inter-city route permit as per the earlier decision taken in the meeting held under the chairmanship of Hon’ble Minister, H & UD on 14.03.2018 circulated vide this Department Letter No.10080/HUD, dated by the Chief Secretary. Copy of minutes of the meeting is attached.

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Therefore, the Government in Housing & Urban Development Department, after careful consideration, have been pleased to relax the said restrictions in issuing inter-city route permits laid down in the minutes of the meeting dated 14.03.2018. The District Collectors of the concerned districts may take up the matter at their level for issuance of Route Permits by the Regional Transport Authorities & State Transport Authority, as the case may be, as decided in the meeting held on 25.02.2021 under the chairmanship of Chief Secretary.

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It is therefore, requested to take further necessary action accordingly.”

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Mr. Panigrahi, learned counsel for the PetitionerAssociation, therefore, submits that they have no objection if the

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conditions have been relaxed and the Collector, Ganjam is authorized to take a decision to issue permit to the stagecarriages in the inter-city routes within the cluster, but the Petitioner-Association should be given an opportunity before any route permit is issued.

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In view of the above, the writ petition is disposed of with a direction that in the event, the Petitioner- Association moves the Collector, Ganjam by filing proper application in that regard, the same shall be considered in accordance with law.

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Urgent certified copy of this order be granted on proper

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application.
(K.R. Mohapatra)
Rojalin Judge

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Signature Not Verified

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Digitally Signed Signed by: ROJALIN NAYAK Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 23-Aug-2023 16:33:14

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Sri Sri Gouri Sankar Bus Owners Association, Ganjam v. State of Odisha

Case brief

What is this about?

What did the court decide?

Sri Sri Gouri Sankar Bus Owners Association, Ganjam v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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