IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 1568 of 2010 Decided on 10.5.2010. ________________________________________________________ Yogeshwar. D. Sharma …Petitioner Versus State of H.P. & Others …Respondents Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice R.B. Misra, Judge. For the Petitioner: Mr. Neel Kamal Sood, Advocate. For respondents : Mr. R.K. Bawa, Advocate General, with No. 1 to 4 Mr. J.K. Verma, Dy AG. For respondent No.5: Mr. G.S. Rathore, Advocate. Justice Kurian Joseph, C.J. (Oral) The writ petition has been filed with the following prayers:- (i) Directing respondents No. 3 and 4 to allow the petitioner to ply his bus on the route known as Gadheri-Shimla (1RT) for his bus No. HP. 07B-2025, as was being plied by him prior to the plying of another bus by respondent No.5, which has been ordered to be plied w.e.f. 6.4.2010. (ii) The permission granted by respondents No. 1 to 4 to respondent No.5 to purchase new bus and further to allow him to ply the said bus on Gadheri-Shimla route be ordered to be cancelled/quashed, in view of provisions contained in Section 72 (22), 82, 83 and 84 of the Motor Vehicle Act. (iii) Restraining the respondent No.5 to ply his bus No. HP- 51-5673 in pursuance to illegal permission granted in favour of respondent No.5 by respondents No. 3 and 4 on Gadheri-Shimla route, as the route permit for the said route stands transferred in favour of petitioner by virtue of Section 82 of the Motor Vehicle Act. 2. It is seen that dispute between the petitioner and respondent No.5 is pending before the Civil Judge (Senior Division), Shimla, in CMA No. 81-6 of 2009 in Civil Suit No. 93/1 of 2009. Since the matter is now pending before the Civil Court, it may not be appropriate to this Court to enter into the adjudication. Therefore, it will be open to the petitioner to move the Civil Court for appropriate orders in the matter. Petition stands disposed of. Dasti copy. (Justice Kurian Joseph), Chief Justice May 10, 2010(k/s) (Justice R.B. Misra) Judge