IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P NO. 2396 OF 2009 DECIDED ON : 13.02.2009 M/S Indo Canadian Transp. Co. ...Petitioner versus State Transport Appellate Tribunal and another ...Respondents CORAM : HON'BLE MR. JUSTICE SURYA KANT Present : Mr. M. S. Khera, Senior Advocate with Mr. Dharminder Singh, Advocate, for the petitioner. SURYA KANT, J. (ORAL) Notice of motion. Mr. G. S. Attariwala, Additional AG, Punjab, accepts notice. In view of the nature of order which I propose to pass, there is no necessity to call upon the counter affidavit of the respondents. The petitioner's grievance is that it has submitted the drawings for a 30 + 2 seats Tourist AC Buses on Chasis of TATA LPO 1616. However, no decision regarding sanction thereof is taken by the State Transport Commissioner, who is the Competent Authority. It may be mentioned here that when the petitioner submitted the drawings, the State Transport Commissioner, Punjab, vide his memo/letter dated 23.07.2008 (Annexure P-3), directed the petitioner to submit the same on film paper along C.W.P NO. 2396 OF 2009 -2- with the Sales Certificate. The petitioner immediately complied with the same on 28.07.2008 (Annexure P-4). The petitioner's application, however, was then turned out on 20.08.2008 without assigning any reason. The petitioner then preferred an appeal under Section 89 of the Motor Vehicles Act, 1988, which was allowed by the State Transport Appellate Tribunal, Punjab, vide its order dated 06.10.2008 and a direction was issued to the State Transport Commissioner to consider the matter afresh by passing a speaking order within one month. The record further reveals that though a personal hearing was given to the petitioner on 10.11.2008 (Annexure P- 10), however, no final decision has been taken and/or communicated to the petitioner so far. In these circumstances, I deem it appropriate to dispose of this writ petition with a direction to the State Transport Commissioner, Punjab, to take a final decision within one month from today. Mr. G. S. Attariwala, Additional AG, Punjab undertakes to inform the State Transport Commissioner, Punjab. A copy of the decision to be taken by the State Transport Commissioner shall be provided to the petitioner within three days from the date of decision. Copy of the order be given dasti on payment of usual charges. FEBRUARY 13, 2009 (SURYA KANT) shalini JUDGE