Civil Writ Petition No. 3782 of 2011 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No. 3782 of 2011 Date of decision: 31.03.2011 The Jassaur Kheri Hans Cooperative Transport Society Ltd. .....Petitioner VERSUS The Transport Commissioner, Haryana & others ....Respondents CORAM:- HON'BLE MR.JUSTICE RANJIT SINGH PRESENT: Mr. Lekh Raj Sharma, Advocate, for the petitioner. Ms. Shruti Jain, AAG, Haryana, for the State. **** RANJIT SINGH, J. The petitioner has filed this petition for setting aside order dated 30.11.2010 whereby the request of the petitioner-society for variation of conditions of route permit has been turned down. The petitioner-society would plead that the same is illegal and arbitrary and without noticing the correct legal position. Counsel for the petitioner makes reference to the provision of Section 80 (4) of the Motor Vehicle Act, 1988 (for short 'the Act') to say that the application of the petitioner could not have been treated as an application for fresh permit. In response to the notice, reply is filed by the State. It is inter alia pleaded on the basis of Section 99 (2) of the Act that the petitioner is not entitled to demand route i.e. Jhajjar to Civil Writ Petition No. 3782 of 2011 -2- Bahadurgarh via Kablana, Dulhera, Daboda, Majra. Section 99(2) of the Act makes a provision to the effect that when a proposal is published in sub-Section (1) then from the date of publication of such proposal, no permit shall be granted to any person, except a temporary permit during the pendency of the proposal and such temporary permit shall be valid only for a period of one year from the date of issuing or till the date of final publication of the scheme under Section 100, whichever is earlier. Counsel for the petitioner says that he would be satisfied, in case, the claim of the petitioner is considered for grant of temporary permit, which is permissible under Section 99(2) of the Act. The State counsel would have no objection for considering the claim of the petitioner in the light of legal position as noted above. The present writ petition is, accordingly disposed of with direction to the respondents to consider the claim of the petitioner for grant of temporary permit in accordance with law. March 31, 2011 ( RANJIT SINGH ) monika JUDGE