IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CWP 6771/2009 Date of Decision: 19.8.2009. General Manager,Haryana Roadways, Chandigarh ..........Petitioner Versus State of Punjab and others ..........Respondents CORAM: HON'BLE MR.JUSTICE M.M.KUMAR HON'BLE MR.JUSTICE JASWANT SINGH. Present: Ms.Ritu Bahri,D.A.G.Haryana for the petitioner. Mr.Piyush Kant Jain,Addl.AG Punjab for respondents. 1. Whether Reporters of local papers may be allowed to see the judgement ? 2. To be referred to the Reporter or not ? 3. Whether the judgement should be reported in the Digest ? M.M.KUMAR,J. The matter regarding interim direction is listed today, however, on the joint request of learned State counsel, the writ petition is taken up for final hearing today. State of Haryana has approached this Court with a prayer for quashing various show cause notices (Annexure P/1 to P/13) claiming that these show cause notices are in contravention of CWP 6771/2009 2 section 3(f), Schedule”A” of the Punjab Motor Vehicle Taxation Act,1924 and also order dated 27.5.2008 (Annexure P/14) passed by the Joint State Transport Commissioner-cum-Appellate Authority under the Punjab Motor Vehicles Taxation (Amendment) Act,1993. According to the averments made in the petition the special road tax on the basis of presumptive seating capacity against the actual seating capacity of the Tata vehicles being run by the State of Haryana and passing through the State of Punjab cannot be charged. For resolving such like disputes Officers' Committee of both the States has to consider the issue and decide the same. In that regard reliance may be placed on the judgments of Hon'ble the Supreme Court in Oil and Natural Gas Commission and Another v. Collector of Central Excise, 1995 Supp.(4) SCC 541 and Mahanagar Telephone Nigam Ltd. v. Chairman, Central Board, Direct Taxes and another (2004) 6 SCC 431. Both the learned State counsel have agreed to adopt the aforesaid course and have prayed that the matter be relegated to the Principal Secretaries, Department of Transport of the respective States to assemble and resolve the issue amicably. Accordingly, the writ petition is disposed of with a direction to Principal Secretaries, Department of Transport of CWP 6771/2009 3 State of Punjab and Haryana to meet and decide the issue raised in the instant petition within a period of four weeks from the date of receipt of a copy of this order. However, the interim order restraining the State of Punjab from charging the impugned amount shall continue till the decision of the Officers' Committee. The writ petition stands disposed of. However, liberty is granted to the parties to approach this Court, if such a necessity arises. Copy of the order be given dasti on payment of usual charges. (M.M.Kumar) Judge 19.8.2009 (Jaswant Singh) joshi Judge