IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No. 15077 of 2007 DATE OF DECISION: MARCH 25, 2008 M/s Evergreen Bus Service (Regd.), Bagha Purana and another .....PETITIONERS Versus State of Punjab and others ....RESPONDENTS CORAM: HON'BLE MR.JUSTICE SATISH KUMAR MITTAL HON'BLE MR.JUSTICE RAKESH KUMAR GARG --- Present: Mr. Sumeet Mahajan,Sr. Advocate with Mr. Sham Lal Bhalla, Advocate, for the petitioners. Mr.N.D.S.Mann, Additional Advocate General,Punjab, for the respondents. .. SATISH KUMAR MITTAL, J. The petitioners have filed this petition under Articles 226 and 227 of the Constitution of India for issuing a writ of mandamus directing respondents No.2 and 3 to entertain the application of the petitioners for grant of stage carriage permits under Section 80(2) of the Motor Vehicles Act, 1988 (hereinafter referred to as `the Act') on the non-nationalized route from Bagha Purana to Rampura via Phullewal Pul, Smadh Bhai, Rounta, Pakharwad, Dyalpura, Bhaika, Salabedpura, Bhai Roopa, Gill, Harnam Singh Wala, Phool (hereinafter referred to as `the route in question') and return trip thereof; and with a further direction to the respondents not to proceed with the so-called Mini Bus Scheme got C.W.P. No. 15077 of 2007 -2- published in the Motor Transport Gazette Weekly dated September 1, 2007 as the proposed scheme is in violation of the law laid down by the Supreme Court in Jagjit Bus Service, Amritsar v. STAT of Punjab etc., AIR 1987 SC 2272. It is the case of the petitioners that they want to apply for grant of permit to ply mini buses on the route in question. For the said purpose, the petitioners had approached the Regional Transport Authority requesting it to supply the requisite form, but the said Authority did not supply the requisite form to the petitioners to enable them to apply for the grant of the aforesaid permit. It is further the case of the petitioners that whenever a citizen wants to have a permit on a route, which is a non-nationalized route, the Regional Transport Authority is bound to grant the permit to such applicant under Section 80(2) of the Act. Pursuant to the notice, a written statement has been filed on behalf of the respondents in which it has been stated that the route from Bagha Purana to Rampura via Phullewal Pul, Smadh Bhai, Rounta, Pakharwad, Dyalpura, Bhaika, Salabedpura, Bhai Roopa, Gill, Harnam Singh Wala, Phool falls on the District Roads and according to the Scheme published by the State Government on 9.8.1990 and modified on 21.10.1997, all future operations on State Highways/District Roads shall be shared by the State Transport Undertakings and private operators in the ratio of 40:60 on the basis of traffic needs assessed by the State Transport Commissioner, Punjab from time to time. It has been further stated that whenever the State Transport Commissioner feels necessity to provide the stage carriage permit on a particular route in public interest, the C.W.P. No. 15077 of 2007 -3- applications are being invited and only then the interested persons can apply for the said route. Since no application was invited, therefore, there was no occasion for the petitioners to ask for the application form from the office of State Transport Commissioner. We have heard the learned counsel for the parties. In view of the fact that the route from Bagha Purana to Rampura falls on the District Roads and according to the Transport Scheme dated 9.8.1990, which was modified on 21.10.1997, all future operations on the District Roads have to be shared by the State Transport Undertakings and private operators in the ratio of 40:60, therefore, the applications are being invited by the State Transport Commissioner after getting survey about the need of the general public. In our opinion, the petitioners cannot be granted the permit merely on their asking without there being any publication of the notice inviting applications for the grant of regular stage carriage permit on a particular route. Thus, we do not find any merit in this petition and the same is hereby dismissed. (SATISH KUMAR MITTAL) JUDGE March 25, 2008 (RAKESH KUMAR GARG) vkg JUDGE