Dinesh Panigrahy v. Transport Commissioner cum-Chairman
2017-04-06
B.R.SARANGI
body2017
DigiLaw.ai
JUDGMENT : DR. B.R.SARANGI, J. 1. The petitioner, who is a bus owner, has filed this application assailing the judgment and order dated 25.01.2017 passed by the State Transport Appellate Tribunal, Odisha in M.V. Appeal No.22 of 2016, by which the order dated 11.08.2016 passed by the State Transport Authority (STA), revising the time allotted with regard to the bus having registration No.OR-07AA-2525 of the petitioner, has been confirmed. 2. The factual matrix of the case is that the petitioner owns two buses bearing registration nos.OD-07M-2424 and OR-07AA-2525. The bus bearing registration no.OD-07M-2424 is plying from Gopalpur to Bhubaneswar via Berhampur, whereas the bus bearing registration no.OR-07AA-2525 is plying from Chikiti to Bhubaneswar via Berhampur. The time of departure of the bus bearing registration no.OD-07M-2424, as fixed by the STA, was 7.00 AM at Berhampur and 1.10 PM at Bhubaneswar. While issuing temporary permit (Annexure-1) for the bus bearing registration No. OR-07AA-2525, its up-trip time of departure was fixed by the STA at 6.00 AM from Chikiti and 8.30 AM from Berhampur and time of arrival at Bhubaneswar was 1.01 PM, and its down-trip time of departure was fixed at 1.10 PM from Bhubaneswar and 5.44 PM from Berhampur and time of arrival at Chikiti was 6.37 PM. On the request of the petitioner, the up-trip departure time of the bus bearing registration no. OR-07AA-2525 was revised to 7.15 AM from Chikiti and 8.30 AM from Berhampur and time of arrival was 1.01 PM at Bhubaneswar; and its down-trip departure time was revised to 1.40 PM from Bhubaneswar, 6.19 PM from Berhampur and time of arrival at Chikiti was 7.12 PM, vide order dated 27.07.2016 at Annexure-4. On 14.08.2015, vide Annexure-5 opposite party no.3 raised an objection that the departure time of the bus bearing registration no. OR-07AA-2525 from Berhampur should be at 7.30 AM instead of 8.30 AM (no objection was raised with regard to departure time, i.e., 1.40 PM of the said bus from Bhubaneswar). On consideration of the objection-Annexure-5, the STA vide order dated 09.08.2016 and consequential order dated 11.08.2016 (Annexure-7 series) again revised the departure time of the bus bearing registration no. OR-07-AA-2525 at Berhampur to 7.15 AM from 8.30 AM, and at Bhubaneswar to 1.10 PM from 1.40 PM.
On consideration of the objection-Annexure-5, the STA vide order dated 09.08.2016 and consequential order dated 11.08.2016 (Annexure-7 series) again revised the departure time of the bus bearing registration no. OR-07-AA-2525 at Berhampur to 7.15 AM from 8.30 AM, and at Bhubaneswar to 1.10 PM from 1.40 PM. Challenging the orders under Annexure-7 series, the petitioner preferred M.V. Appeal No.22 of 2016 before the State Transport Appellate Tribunal, Odisha, Cuttack, which confirmed the timing fixed by the STA, by judgment dated 25.01.2017 (Annexure-8). Being aggrieved by such revision of time, the petitioner has approached this Court by filing this writ petition. 3. Mr. G. Mishra, learned counsel for the petitioner contended that the revision of timing so made by the STA in respect of the bus bearing registration no.OR-07AA-2525, taking into consideration the objection petition dated 14.08.2015filed by opposite party no.3, which has been confirmed by the appellate authority by judgment dated 25.01.2017 in M.V. Appeal No.22 of 2016, suffers from non-application of mind. In objection petition dated 14.08.015 filed by opposite party no.3, when objection was raised only with regard to departure time at Berhampur, the STA, while revising the time of departure at Berhampur, also revised the departure time at Bhubabeswar, which clashes the timing of the other bus of the petitioner bearing registration no.OD-07M-2424. It is further contended that so far as fixation of departure time at Berhampur, i.e., 7.15 AM is concerned, the petitioner may not have any objection, but by fixation of departure time at Bhubaneswar, i.e., 1.10 PM, the petitioner is seriously prejudiced, as it clashes the timing of other bus of the petitioner. Therefore, the orders impugned are liable to be set aside. 4. Mr. B.K. Sharma, learned Standing Counsel for the Transport Department submitted that so far as fixation of timing of the buses is concerned, it is an inter se dispute between the bus owners, and as such the same is fixed by the authority considering their request and also the viability. As the timing of the bus bearing registration no.OR-07AA-2525 was revised on the request of the petitioner, on being objected to by opposite party no.3, the same was re-fixed by orders under Annexure-7 series, which have been confirmed by the appellate authority. Therefore, no illegality or irregularity can be said to have been committed by the authority in fixing such timing. 5. Mr.
Therefore, no illegality or irregularity can be said to have been committed by the authority in fixing such timing. 5. Mr. M.B. Rao, learned counsel for opposite party no.3 states that fixation of revised timing, which was made in respect of the bus bearing registration no.OR-07AA-2525 on the request of the petitioner, caused serious prejudice to opposite party no.3, for which he raised objection. Consequentially, on consideration of objection raised by opposite party no.3, timing of the buses has been re-fixed. Therefore, the impugned orders do not call for interference by this Court. 6. Having heard learned counsel for the parties and carefully perusing the records, the writ petition is disposed of at the stage of admission with consent of learned counsel for the parties. 7. The undisputed fact is that the petitioner is the owner of two buses bearing registration nos.OD-07M-2424 and OR-07AA-2525. Both the buses were plying from Berhampur to Bhubaneswar having their respective timing fixed by the competent authority. The petitioner is aggrieved by fixation of timing of the bus bearing registration no.OR-07AA-2525 made pursuant to the objection dated 14.08.2015 filed by opposite party no.3. The initial timing fixed for departure of the bus bearing registration no.OR-07AA-2525 i.e., 8.30 AM at Berhampur and 1.40 PM at Bhubaneswar, has been revised to 7.15 AM at Berhampur and 1.10 PM at Bhubaneswar respectively. Such revision of timing made by the STA and subsequently confirmed by the appellate tribunal, is contrary to the pleadings available in the objection petition filed by opposite party no.3. In the objection petition dated 14.08.2015 (Annexure-5) filed by opposite party no.3, the following relief was sought for: “Hence I request you to kindly change the Dep timing of the vehicle OR 07 AA 2525 from Berhampur stand to from 8.30 AM to 7.30 AM as the arrival time of the vehicle is 6.52 AM at Berhampur or any suitable time fixed by you and necessary orders may be passed.” 8. On perusal of the relief sought for in the objection petition filed by opposite party no.3, it transpires that opposite party no.3 only requests for change of departure time of the bus bearing registration no.OR-07AA-2525 at Berhampur from 8.30 AM to 7.30 AM, but no prayer has been made with regard to revision of departure time of the very same bus from Bhubaneswar, which is at 1.40 PM.
It is therefore explicitly clear that the STA, without application of mind, has fixed the departure time of the bus bearing registration no.OR-07AA-2525 from Berhampur at 7.15 AM and from Bhubaneswar at1.10 PM which was not prayed for in the objection application. 9. As a matter of fact, the petitioner, having two buses bearing registration nos.OD-07M-2424 and OR-07AA-2525, will be seriously prejudiced, if the departure timing of both the buses from Bhubaneswar will be same, i.e., at 1.10 PM, and as such the impugned action of the authority speaks volume, particularly when opposite party no.3 had not made any objection with regard to fixation of departure time at Bhubaneswar, save and except the departure time at Berhampur. 10. The apex Court in Kalyan Singh Chouhan v. C.P. Joshi, AIR 2011 SC 1127 held that relief not founded on the pleadings cannot be granted. A decision of a case cannot be based on grounds outside the pleadings of the parties. 11. Similar view has also been taken by the apex Court in the cases starting from Trojan & Co. v. RM. N.N. Nagappa Chettiar, AIR 1953 SC 235 till State of Maharashtra v. Hindustan Construction Company Ltd., AIR 2010 SC 1299 . 12. In view of the above settled position of law propounded by the apex Court, if opposite party no.3 had claimed for revision of departure timing of the bus bearing registration no.OR-07AA-2525 at Berhampur from 8.30 to 7.30, the STA would not have travelled beyond the relief sought for in the objection petition, as mentioned supra. In any event, since opposite party no.3 had sought for change of departure time to 7.30 AM from 8.30 AM at Berhampur but it was revised to 7.15 AM on consideration of objection application, to which the petitioner may not have any objection, and as no grievance was made by opposite party no.3 with regard to fixation of departure time, i.e., 1.40 PM at Bhubaneswar, the re-fixation of departure time at Bhubaneswar to 1.10 PM cannot sustain, as it clashes with the departure time of other bus of the petitioner bearing registration no.OD-07M-2424. 13.
13. Therefore, in the light of the discussions made above, the order dated 09.08.2016 so also the consequential order dated 11.08.2016 passed by the STA under Annexure-7 series, as well as the confirming judgment and order dated 25.01.2017 passed by the State Transport Appellate Tribunal, Odisha in M.V. Appeal No.22 of 2016 under Annexure-8, being not sustainable, are hereby quashed. The matter is remitted back to the Secretary, STA for re-fixation of departure time of the bus bearing registration no.OR-07AA-2525 only at Berhampur strictly in accordance with the objection of opposite party no.3 made in Annexure-5 dated 14.08.2015 keeping the departure timing at Bhubaneswar intact i.e. 1.40 PM. The entire exercise shall be done by affording opportunity of hearing to the parties within a period of four months from the date of communication of the order. 14. The writ application is allowed to the extent indicated above.