CWP No.6001 of 2009 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C. W. P. No. 6001 of 2009 Date of Decision: 21 - 10 - 2009 The Dilkhush Co-operative Transport Society Ltd. ....Petitioner v. State Transport Appellate Tribunal, Haryana ....Respondents and others CORAM: HON'BLE MR.JUSTICE KANWALJIT SINGH AHLUWALIA *** Present: Mr.H.S.Sawhney, Sr. Advocate with Mr.Vikas Singh, Advocate for the petitioner. Mr.Sanjeev Kaushik, Addl.A.G., Haryana. *** KANWALJIT SINGH AHLUWALIA, J. (ORAL) The present writ petition has been filed by Dilkhush Co- operative Transport Society Ltd., Mamidi District Yamunanagar through its President Tarsem Singh. It is not disputed that petitioner was granted one regular stage carriage permit on route No.20 in Yamunanagar district from Jagadhri to Khizrabad via Buria, Shahzadpur, Jairampur, Devdhar, Bhur Kalan, under 1993 Scheme. Further this route was extended from Jagadhri to Khizrabad via Chhachhroli. Case of the petitioner is that a bridge between Buria and Shahzadpur being in dilapidated condition has become unmotorable. This fact has also been accepted by counsel for the State. CWP No.6001 of 2009 [2] As this Court directed respondent No.5 – Chief Engineer, PWD B&R, Haryana to file its response. Executive Engineer, Jagadhri Provincial Division, PWD B&R Yamuna Nagar has filed written statement on behalf of respondent No.5. It has been admitted in the written statement that route on which the petitioner had to ply its vehicle, has become unmotorable and it will take two years to carry out the repairs and do up-gradation of the road. Taking this fact into consideration that the route has become unmotorable, petitioner was granted route No.38. This route was granted on temporary basis till original route No.20 becomes motorable. Petitioner is aggrieved against the impugned order, Annexure P6 whereby the alternative route No.38 allotted to the petitioner has been cancelled and he has been directed to operate on route No.20. Counsel for the petitioner has relied upon a Division Bench decision of this Court rendered in Civil Writ Petition No.11560 of 1999, decided on 14.10.1999, wherein it was held as under:- “The writ petition is disposed of in the manner indicated above with the direction that the respondents shall carry out fresh survey within two months in accordance with the observations made above and as soon as the Executive Engineer, Provincial Division, PWD (B&R) Narwana certifies that the road has become motorable, the temporary permits of the petitioners shall come to an end. Till then the petitioners shall be allowed to continue to ply buses on the temporary route.” Counsel for the petitioner has also relied upon a Division Bench judgment of this Court in Civil Writ Petition No.4999 of 2001, titled `The Mor CWP No.6001 of 2009 [3] Modern Cooperative Transport Society Limited, Bass and another v. The State Transport Commissioner, Haryana and another', Decided on 3.12.2001. Counsel for the State has admitted that it will take two years time to construct the bridge as per written statement filed on behalf of respondent No.5. Taking these facts and circumstances into consideration and ratio of law and earlier directions given in Annexures P9 and P10, the present writ petition is disposed of with a direction that petitioner will be allowed to operate on route No.38 till route No.20 becomes operational. ( KANWALJIT SINGH AHLUWALIA ) October 21, 2009. JUDGE RC