Allowed

Rajesh Kumar Periwal v. State of Odisha

Orissa HC24 Apr 2025WP(C)/5916/2025

Case brief

AI extract

What is this about?

The High Court directed the State Transport Authority to reconsider the petitioner's application for renewal of his permanent bus permit, given his vehicle was off-road for only 17 months, falling short of the prescribed one-and-a-half-year limit for automatic rejection.

What did the court decide?

Directing the State Transport Authority to consider the petitioner's renewal application and pass appropriate orders within one month.

Rajesh Kumar Periwal Vs State of Odisha — Service and Employment | Orissa HC (2025)

¶1

IN THE HIGH COURT OF ORISSA AT CUTTACK W.P. (C) No.5916 of 2025

¶2

Rajesh Kumar Periwal

¶3

Petitioner

¶4

Mr.Kedar Mohammad, Advocate

¶5

Vs.

¶6

State of Odisha and others ….. Opp. Parties

¶7

Mr.Pravakar Behera, SC, Transport

¶8

CORAM:

¶9

DR. JUSTICE S.K.PANIGRAHI

ORDER

24.04.2025

Order No.

This matter is taken up through hybrid arrangement.

¶15

In this Writ Petition, the Petitioner has prayed to setaside the impugned decision dated 24.12.2024 under Annexure-7 by the opposite party No.2-S.T.A., Odisha in its 303^rd STA meeting held on 05.11.2024 rejecting his applicatin dated 10.03.2023 for renewal of permanent Permit No.PP99/130331/G valid till 05.042023 of the Petitioner in respect of his bus bearing registration No.OR-01-S-7187 on the route Balasore to Bolangir and back.

¶16

Learned counsel for the Petitioner submits that in order to substantiate his illness and treatment the petitioner has furnished a Medical Certificate before the authorities. Even if he was not fully cured, he made application dated 10.03.2023 for renewal of his permanent permit paying the prescribed

¶17

Page 1 of 3

¶18

application fees of Rs.500/- and making his bus on-road since March, 2023. Then he went on paying the monthly Tax and additional tax regularly with the hope to get his renewal permanent permit. Without yielding any income from his bus he has paid a huge amount of tax, but the authorities have not taken into account of this aspect and surprisingly issued show cause notice dated 30.11.2023, which he received on 07.12.2023. It has been directed to file off-road for 17 months. Immediately thereafter, the petitioner rushed to the office of the opposite parties and filed his show cause reply on 08.12.2023 before the Secretary, S.T.A. along with Doctor's Certificate explaining the genuine cause of his Bus getting “off-road” and prayed to grant his application dated 10.03.2023 for renewal, of his permanent permit.

¶19

In the proceedings of the 303^rd virtual meeting of STA, Odisha, Cuttak held on 05.11.2024, it has been observed as follows:

¶20

"Where the vehicle/vehicles covered under a permanent stage carriage permit had been declared off road continuously for a period of one year, and total one and half years in different spells during the currency of permit, renewal of such permit and replacement of such vehicle shall not be considered. Besides step will also be taken for cancellation of permit as prescribed under Section 86 of MV. Act. 1988. Before completion of the period of off road as mentioned above, SMS alert will be sent to the permit holder in the Mobile number recorded in the VAHAN Application. In addition to alert through SMS, notice will

¶21

Page 2 of 3

¶22

also be published in the website for information of the permit holder and general public.”

¶23

In the present case, the petitioner’s vehicle was off - road for a period of 17 months which is one month less than prescribed period in the resolution.

¶24

In such view of the matter, the State Transport Authority is directed to consider the petitioner’s renewal application and pass appropriate orders within a period of one month from today.

¶25

With the aforesaid observation and direction, the Writ Petition is disposed of.

¶26

(Dr.S.K.Panigrahi) Judge

¶27

Bichi

¶28

Signature Not Verified

¶29

Digitally Signed Signed by: BICHITRANANDA SAHOO Designation: Secretary Reason: Authentication Location: Orissa High Court Date: 26-Apr-2025 10:42:40

¶30

Page 3 of 3

Rajesh Kumar Periwal v. State of Odisha

Case brief

What is this about?

What did the court decide?

Rajesh Kumar Periwal 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

Parties & counsel

Coram

Case details

Similar cases

Basistha Nag @ Bharat Vs State of Odisha

Subham Nayak Vs State of Odisha

Md.Kamal @ Kamal Uddin Vs State of Odisha

Chinmaya Tarai @ Chinku Vs State of Odisha

Lingaraj Pradhan Vs State of Odisha

Gobinda Chandra Jena @ Gobinda Jena Vs State of Odisha