IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P. No. 19505 of 2007 DATE OF DECISION : 31.03.2008 The Hisar Krishna Co-operative Transport Society Limited Hisar .... PETITIONER Versus The State of Haryana and others ..... RESPONDENTS CORAM :- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL HON'BLE MR. JUSTICE RAKESH KUMAR GARG Present: Mr. Inder Pal Goyat, Advocate, for the petitioner. Mr. Sanjeev Kaushik, Addl. A.G., Haryana. * * * SATISH KUMAR MITTAL , J. The Hisar Krishna Co-operative Transport Society Limited, Hisar (hereinafter referred to as `the petitioner society') has filed the instant petition under Article 226/227 of the Constitution of India for quashing of the order dated 16.11.2007, passed by the Chairman, State Transport Authority-cum-State Transport Controller, Haryana (respondent No.2 herein), whereby Ratera and Nalwa villages have been added to the route of the petitioner society and the petitioner society has been directed to ply its bus upto Nalwa. In the present case, the petitioner society was granted a stage CWP No. 19505 of 2007 -2- carriage permit for route No. 22 of District Hisar i.e. Hansi to Nalwa via Rohnat, Ratera. Subsequently, the petitioner society made an application under Section 80 (3) of the Motor Vehicles Act, 1988 (hereinafter referred to as `the Act') to respondent No.2, for variation of the route, as road on the part of route i.e. from Rohnat to Ratera, a distance of 5.3 Kms., was not motorable. A request was made to respondent No.2 to allow the petitioner society to operate on an alternative route till the aforesaid road becomes motorable. When application of the petitioner society was not considered, it filed Civil Writ Petition No. 3790 of 2002 praying for allotment of an alternative route till the road of route No. 22 becomes motorable. This Court vide its order dated 31.7.2002 disposed of the said writ petition with a direction to respondent No.2 to consider the application of the petitioner and grant an alternative route permit to it till the original route No. 22 allotted to it becomes motorable. In pursuance to the said order, vide order dated 22.11.2002, passed by respondent No.2, the petitioner society was granted temporary permission to operate on an alternative route from Hansi to Hisar via Mayar, Satrod. By this order, the petitioner society was granted entirely a new route, though direction of this court was to consider the claim of the petitioner society for the grant of an alternative route of the portion, where the road was not motorable. The portion which was not motorable was only from Rohnat to Ratera, the distance of which is 5.3 Kms. The villagers of the aforesaid two villages remained deprived of the bus service for their villages. Consequently, the road from Ratera to Nalwa was made motorable. Vide order dated 16.11.2007, respondent No.2, while taking into CWP No. 19505 of 2007 -3- consideration the report of the Secretary, Regional Transport Authority, Hansi, to the effect that road on the aforesaid route has become motorable, the extension of route from Hansi to Hisar was deleted and the route from Ratera to Nalwa, which was part of the original allotted route No.22, was ordered to be added to the route of the petitioner society. Though against the aforesaid order, a remedy of revision has been provided under Section 90 of the Act, but without availing that alternative remedy, the petitioner society has challenged the said order, by filing this writ petition. In the written statement, filed on behalf of the respondents, it has been stated that earlier vide order dated 21.3.2005, two villages namely Ratera and Nalwa were removed from the route of the petitioner society, due to the fact that Ratera-Nalwa road was not motorable and under the order of this court, the original route of the petitioner society was extended to 27.3 Kms. from Hansi to Hisar via Mayar Cantt Shatrod, by providing it an alternative route. It has been stated that now when Ratera-Nalwa road has become motorable and when residents of those villages have demanded bus service on the route, respondent No.2 made the variation vide impugned order, by adding villages Ratera and Nalwa to the route of the petitioner society, which was originally allotted to it, and by deleting the addition made vide order dated 21.3.2005, providing the alternative route. It has been stated in the written statement that the alternative route provided to the petitioner society was not part of the route, originally allotted to it, and now when the Ratera-Nalwa road has become motorable, the said alternative CWP No. 19505 of 2007 -4- route cannot be permanently given to the petitioner society. Counsel for the petitioner society submits that the portion of the route i.e. Ratera-Nalwa road is still not motorable. However, we do not want to go into this question of fact, as in the impugned order as well as in the written statement, it has been categorically stated that portion of the route from Ratera to Nalwa is completely motorable. Except for the aforesaid ground, counsel for the petitioner did not raise any other ground. In our view, on the above stated facts, the petitioner has no right to continue on the alternative route, provided to it temporarily under the order of this Court. The said alternative route, which covers 27.3. Kms. from Hansi to Hisar via Mayar Cantt Shatrod, is entirely a new route, which should not have been given to the petitioner society in lieu of a portion of 5.3 Kms., which was not motorable. It appears to us that the petitioner society does not want to left the aforesaid alternative route, because it is more interested in running its bus on the better route, instead of providing bus service for aforesaid two remote villages, for which the original permit was granted. Therefore, we do not find any ground to interfere in the impugned order. Dismissed. ( SATISH KUMAR MITTAL ) JUDGE March 31, 2008 ( RAKESH KUMAR GARG ) ndj JUDGE