C.W.P. No. 10341 of 2008 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH C.W.P. No. 10341 of 2008 Date of decision: 01.07.2008 Pepsu Road Transport Corporation, Patiala ..... Petitioner Versus Gill Transport Co. (Regd.) & others ..... Respondents CORAM: HON'BLE MR. JUSTICE SATISH KUMAR MITTAL HON'BLE MR. JUSTICE RAKESH KUMAR GARG Present:- Mr. Jagdish Marwaha, Advocate for the petitioner. RAKESH KUMAR GARG, J. By way of the present writ petition, the petitioner i.e. Pepsu Road Transport Corporation, Patiala ( hereinafter referred to as 'the PRTC, Patiala' ) has prayed for quashing the impugned orders dated 02.07.2007 (Annexure P- 1) passed by the State Transport Appellate Tribunal, Punjab ( hereinafter referred to as 'the Tribunal' ) and 19.05.2006 ( Annexure P-2 ) passed by State Transport Commissioner, Punjab ( hereinafter referred to as 'the STC' ) as the same are in complete violation of the Motor Vehicles Act and the Notified Schemes. C.W.P. No. 10341 of 2008 2 As per the averments made in the writ petition, respondent No.1, who was holding one return trip daily on Moga-Faridkot via Talwandi Bhai route, applied for the increase of return trips from one to two on the route in question. The contents of the application of the company were published in Motor Transport Gazette Weekly, Chandigarh. In response thereto, survey was conducted by Secretary, Regional Transport Authority, Ferozepur ( hereinafter referred to as 'the RTA' ). As per the survey report, the bus services of 50 return trips were available inclusive of those in overlapping manner. Apart from this, it is also mentioned that on the portion of the route Moga to Talwandi Bhai and Talwandi Bhai to Faridkot bus services of 60 & 125 return trips were available in an overlapping manner. After considering the arguments for and against the claim of respondent No.1, the STC accepted the request of respondent No.1 and allowed the increase of the return trips from one to two on Moga-Faridkot via Talwandi Bhai, vide order dated 19.05.2006. Feeling aggrieved, the PRTC, Patiala filed a revision petition before the Tribunal, which was dismissed vide impugned order dated 02.07.2007 by holding that petitioner has got no reason to challenge the impugned order because it has not affected the rights of the petitioner in operating on the route. The Tribunal also found that the C.W.P. No. 10341 of 2008 3 petitioner does not have any monopoly portion of the route. Merely because sufficient number of services are already being operated on the route is not a ground for the petitioner to challenge the impugned order. Hence this writ petition. We have heard learned counsel for the petitioner. We find no force in the arguments raised by learned counsel for the petitioner. As a matter of fact, the Tribunal has found that before granting the extension, the authorities below were satisfied by taking into account the over all convenience of the travelling public and the report of the Surveying Officer. Learned counsel for the petitioner has failed to point out any infringement of its right because of the grant of said extension. Accordingly, writ petition is dismissed in limine. ( RAKESH KUMAR GARG ) JUDGE ( SATISH KUMAR MITTAL ) July 01, 2008 JUDGE dinesh