WP(C)/27291/2026 of TAHIR HUSSAIN Vs STATE OF ODISHA on 1 September 2026

ORDER

01.09.2026 Order No.

01.

1. This matter is taken up through Hybrid mode.

2. Heard Mr. Mohapatra, learned counsel appearing for the petitioner as well as Mr. Prabhakar Behera, learned Standing Counsel for the Transport Department. Perused the writ application as well as the documents annexed there.

3. By filing the present writ application, the petitioner has sought for the following relief:- “In view of the aforesaid facts and circumstances, it is humbly prayed that this Hon'ble Court may kindly be pleased to – A. Admit the Writ Petition & issue an appropriate writ, order or direction directing the Opposite Parties, particularly the Opposite Party's, to consider and dispose of the Petitioner's Application dated 24.03.2026 (under ANNEXURE - 1) in respect of vehicle bearing Registration No. OD-14-AH-2821, seeking reconsideration and modification of the approved time table, in accordance with law and within a stipulated period; B. Direct the Opposite Parties to take a decision on the Petitioner's prayer for modification of the time-table of vehicle bearing Registration No. OD-14-AH-2821 so as to avoid the existing timing clash and operational overlap, in the interest of smooth operation of the passenger transport service and convenience of the travelling public; C. Pass such other order(s)/direction(s) as may be deemed fit and proper in the interests of justice. And for this act of kindness, the Petitioner shall as in duty bound ever pray.”

4. Learned counsel for the Petitioner, at the outset, contended that the Petitioner being aggrieved by the inaction of the Opposite Party No.2 in considering and disposing of his application dated 24.03.2026, at Annexure-1, which was filed with a prayer for revision of the time table in respect of permanent permit, has approached this Court by filing the present writ application. Learned counsel for the Petitioner further submitted that the Petitioner has been issued with a permanent permit at Annexure-2 to ply the bus in the route as indicated in the permit. On the basis of the aforesaid permit, though the Petitioner is plying his bus, however, the Opposite Party No.2 has allowed another bus to run in the very same route with a gap of five minutes. Being aggrieved by such decision of the Opposite Party No.2, the Petitioner has approached the Opposite Party No.2 to reconsider his decision. However, no decision has been taken on such application at

Annexure-1 by the Opposite Party No.2 and being aggrieved by such inaction, the Petitioner has approached this Court by filing the present Writ Petition.

5. Mr. Behera, learned Standing Counsel for the Transport Department, on the other hand, contended that similar prayer of the Petitioner was earlier rejected by the Opposite Party No.2, which is evident from the documents annexed to the present writ application, however such order of the Opposite Party No.2 has not been challenged. In such view of the matter, learned Standing Counsel for the Transport Department submitted that the present writ application is not maintainable, and, as such, the same should be dismissed at the threshold.

6. Having regard to the rival contentions advanced by the counsels appearing for the respective parties, on a careful examination of the background facts, further taking note of the limited nature of the prayer, this Court deems it proper to dispose of the present writ application by directing the Opposite Party No.2 to consider and dispose of the application of the Petitioner dated 24.03.2026, at Annexure-1 in accordance with law and the applicable rules and guidelines within a period of six weeks from the date of communication of a copy of today’s order. Such application of the Petitioner shall be disposed of by passing a speaking and reasoned order after providing opportunity to the Party, who are likely to be affected, including the Petitioner. The final decision so taken, be communicated to the Petitioner within ten days thereafter.

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

( Aditya Kumar Mohapatra )

Judge

Sumitra

Digitally Signed Signed by: SUMITRA NAYAK Reason: Authentication Location: High Court of Orissa, Cuttack Date: 03-Sep-2026 16:18:27 Signature Not Verified