Civil Writ Petition No.11766 of 2009 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.11766 of 2009 Date of decision:24.09.2009. The Shiv Transport Cooperative Society Limited, Khudan and others ...Petitioners. Versus The State Transport Controller, Haryana and others. ...Respondents. CORAM: HON'BLE MR. JUSTICE JASBIR SINGH Present: Mr. Lekh Raj Sharma, Advocate, for the petitioners. Mr. Sanjeev Kaushik, Addl. A.G., Haryana, for the respondents. ***** JASBIR SINGH, J. (ORAL). The petitioners are Stage Carriage Permit holders. This writ petition has been filed with a prayer that directions be issued to the respondents, to convert temporary routes allotted to the petitioners as permanent one, on account of a fact that the original route allotted to the petitioners is not motorable. It is an admitted fact that the petitioners were granted Stage Carriage Permits on route No.84 i.e. Chapar to Jhajjar via Saluda, Raiya. That route was not motorable. On application moved by the petitioners, they were granted temporary permission to ply their vehicles on Jhajjar to Rewari via Kulana, Gurawada, Palahawas route. As per admitted position, the route, which was originally allotted to the petitioners is not motorable even till today, as per the survey report, which is available at page 69 & 70 of this writ petition. In the reply filed, it was stated that as per the policy and the provisions of Civil Writ Petition No.11766 of 2009 -2- the law, it is not possible to convert a temporary route into a permanent one, without compliance of the requisite conditions. By taking note of that averment, this Court passed the following order on 05.09.2009: - “Mr. Kaushik wants time to get instructions as to whether the routes, on which the petitioners are operating now, can be notified and Stage Carriage Permit can be sanctioned to them on those routes, being the existing operators. He will also get instructions whether, under similar circumstances, any temporary route has been made permanent or not?” In response to order mentioned above, affidavit of Shri Sushil Sarwan, HCS, Secretary, R.T.A., Jhajjar at Bahadurgarh has been put on record., wherein it has been admitted, as a matter of fact, that in a large number of cases, temporary routes were converted into permanent one. List of such cases is annexed as Annexure D-1 with the affidavit. Shri Kaushik states that temporary routes were converted into permanent one, under the orders of this Court. However, there is nothing on record to prove that fact and nothing has been said in the affidavit. This Court feels that it is very surprising as to how similar relief can be declined to the petitioners. Admittedly, the petitioners' route No.84, which was originally allotted to them, is not motorable even now. In view of facts mentioned above, this writ is allowed and the respondents are directed to convert temporary routes allotted to the petitioners into a permanent one. Needful be done within a period of two months. September 24, 2009 (JASBIR SINGH) vinod* JUDGE