CWP No. 906 of 2011 -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP No. 906 of 2011 Date of decision: 06.09.2011 The Guru Nanak Coop Transport Society Ltd. Ambala City and others ...Petitioners versus State of Haryana and others ....Respondents CORAM: HON'BLE MS. JUSTICE RITU BAHRI Present:- Mr. Baldev Kapoor, Advocate for the petitioners Mr. D.S. Nalwa, Addl.A.G Haryana *** RITU BAHRI, J. (Oral) The present petition under Article 226 of the Constitution of India is for issuance of a writ in the nature of mandamus directing respondent Nos. 2 and 3 to immediately proceedings for stopping the illegal stage carriage operation of respondent No. 4 on Ambala to Dehlon Majra via Batrohan Route. The State of Haryana framed a scheme in exercise of its powers under Sections 99 and100 of the Motor Vehicles Act, 1988 (for short 'the Act'), which was published in the Haryana Govt. Gazette dated 03.11.1993. All inter-state routes which fall in the share of Haryana, as per inter-state agreements, all inter-district routes and all routes within a district which cover more than a total of 10 km of State/National Highway are to be operated by the Haryana Roadways to the complete exclusion of private CWP No. 906 of 2011 -2- operators. As per clause 2 of the Statutory Scheme, all intra-district routes, which do not cover more than a total of 10 kms on National/State highway would be offered a private operation and Haryana Roadways buses will not ply on such routes. In pursuance to the statutory scheme dated 03.11.1993, the competent authority granted one regular stage carriage permit in favour of the petitioner. The details regarding the permits held by the petitioners are submitted as under:- Petitioner No. Name of the route Validity 1 Route No. 5 Ambala City to Naneola via Ismalipur 02/10/12 2 Route No. 3 Ambala City to Naneola via Sullar 06/08/12 3 Route No. 3 Ambala City to Naneola via Sullar 20.07.2014 4 Route No. 5 Ambala City to Jagola via Batrohan 29.08.2014 Learned counsel for the petitioner has submitted that Haryana Roadways, respondent No. 4 has stated plying four return trips daily on Ambala City to Dehlon Majra, via Batrohan, Neneola route in violation of the provisions of Section 66 of the Act as also clause of the Statutory scheme dated 03.11.1993 In the reply filed by Ashwani Kumar Dogra, General Manager, Haryana Roadways, Ambala, the department has referred to mutual agreement dated 24.11.2009 (Annexure R-1/T) whereby the petitioners had agreed to the plying of bus of Haryana Roadways on route Nos. 3 and 5 at school timings in the morning and evening, till the formulation of new policy by the Government. Mr. D.S. Nalwa, Addl. A.G. Haryana has informed this Court that State Government has issued new policy in May, 2011 and has submitted CWP No. 906 of 2011 -3- that the mutual agreement dated 24.11.2009 (Annexure R-1/T) will now be governed by the new policy issued by the State Government. In view of the above, this writ petition is disposed of. September 06, 2011 ( RITU BAHRI ) G.Arora JUDGE