[Motor Vehicles Act] Carriage Permit Applicant Cannot Cure Statutory Defects After Consideration Of Application: Chhattisgarh High Court
The Chhattisgarh High Court has held that once a statutory authority finds that a carriage permit application under the Motor Vehicles act is incomplete and suffers from defects going to its maintainability, the applicant cannot be allowed an opportunity to cure the defect by remitting the matter back. The Court observed that permitting the applicant to subsequently cure deficiencies after adjudication would prejudice competing operators who had raised objections to the application in its original form.
Justice Amitendra Kishore Prasad was hearing a writ petition filed challenging the order dated December 19, 2025 passed by the State Transport Appellate Tribunal (STAT). The petitioner, a stage carriage operator, had objected to the grant of the permit to Respondent No. 3 on the ground that the application submitted by Respondent No.3 was incomplete and did not satisfy the mandatory statutory requirements. Despite such objections, the application was allowed.
The petitioner contended that once the Tribunal had arrived at a specific finding that the application was incomplete and legally defective, it could not have directed the authorities to allow the respondent to cure such defects subsequently and reconsider the matter.
The Court observed that although the Act adopts a liberal approach towards grant of permits, the process must nevertheless comply with the statutory procedure, and the permit-granting authority is required to consider the application as presented before it, invite objections and decide the matter on the material available on record.
The Court noted that in revision, the STAT had recorded a categorical finding that the application submitted by respondent No.3 was incomplete and did not satisfy the requisite statutory requirements. The Tribunal then set aside the order of the Regional Transport Authority and remitted the matter back with a direction that the deficiencies in the application be removed and thereafter the matter be considered afresh.
The Court held that the approach adopted by the Tribunal is legally unsustainable, observing that once the STAT had found incomplete and suffering from defects going to its very maintainability, the applicant could not have been allowed to improve upon his case and fill up lacunae which existed on the relevant date.
“Such a course not only militates against the principles of fairness and transparency governing the grant of permits but also causes prejudice to competing operators who had raised objections with reference to the application in its original form,” the Court remarked.
The Court emphasized that the rights of the parties are required to be adjudged on the basis of the application as it existed on the date of consideration.
Hence, the Court held that the STAT, having set aside the RTA's order, could not direct Respondent No.3 to cure the defects and thereafter seek fresh consideration. The revisional authority was required to adjudicate the legality of the order under challenge on the basis of the record available before it.
“The impugned direction virtually grants respondent No.3 a fresh opportunity to rectify deficiencies in the application, notwithstanding the Tribunal's own finding that the application was incomplete. Such an approach is inconsistent with the law governing consideration of permit applications and defeats the sanctity of the statutory procedure,” the Court observed.
The Court also found that the STAT had not rendered conclusive findings on various issues raised by the petitioner, including the effect of the deficiencies in the application and objections relating to overlapping routes and timing conflicts. Instead, it had remitted the matter, resulting in failure to exercise the jurisdiction vested in it in accordance with law.
The Court accordingly allowed the writ petition and set aside the STAT's order dated December 19, 2025.
Case Title: Royal Travels v. State of Chhattisgarh & Ors. [WPS No. 386 of 2026]