IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P. No. 19224 of 2007 DATE OF DECISION : 10.01.2008 M/s Anand Bus Service .... PETITIONER Versus State of Haryana and another ..... RESPONDENTS CORAM :- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL HON'BLE MR. JUSTICE RAKESH KUMAR GARG Present: Mr. Sumeet Mahajan, Senior Advocate, with Mr. Amandeep Singh, Advocate, for the petitioner. * * * SATISH KUMAR MITTAL, J. ( Oral ) The petitioner has filed this writ petition under Articles 226/227 of the Constitution of India for issuance of writ in the nature of mandamus directing the respondents to entertain the application of the petitioner dated 15.5.2007 (Annexure P-1) for grant of stage carriage permit for Kalka-Hisar-Kalka route under Section 80 of the Motor Vehicles Act, 1988 (hereinafter referred to as `the Act'), with a further prayer to quash the letter/order dated 6.8.2007 issued by the State Transport Controller, CWP No. 19224 of 2007 -2- Haryana, whereby the petitioner was given an opportunity of personal hearing to substantiate his claim for grant of said permit. It is the case of the petitioner that the respondents are unlawfully treating the aforesaid route to be a nationalised route and, therefore, they have not entertained the application of the petitioner. We have heard counsel for the petitioner and gone through the contents of the petition. Vide letter/order dated 6.8.2007 (Annexure P-3), the petitioner was called upon to explain the position by providing an opportunity of personal hearing as to how it is entitled for the permit for the said route, which is a nationalised route and which does not fall within the ambit of Section 80 of the Act. Undisputedly, the petitioner did not appear before the State Transport Controller, Haryana. Thereafter, on 30.8.2007, again a notice was issued requesting the petitioner to appear before the State Transport Controller, Haryana, on 14.9.2007, but again the petitioner did not appear. The petitioner has not annexed any final order vide which it has been denied the aforesaid permit. Even if any such order has been passed, the same is appealable. In the present writ petition, the only prayer made is for issuing direction to the respondents to grant it stage carriage permit for Kalka-Hisar-Kalka route under Section 80 of the Act. When the petitioner itself is not appearing before the Authority in response to the notice, we are not inclined to entertain this petition for issuing the aforesaid direction. Dismissed. However, in case any final order is passed on the application of CWP No. 19224 of 2007 -3- the petitioner, it will be open for it to challenge the same in accordance with law. ( SATISH KUMAR MITTAL ) JUDGE January 10, 2008 ( RAKESH KUMAR GARG ) ndj JUDGE