IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.14840 of 2006 (O&M) Date of decision: 4th November, 2009 Yogesh Bus Service Registered … Petitioner Versus State Transport Appellate Tribunal Punjab and another … Respondents CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Baldev Kapoor, Advocate for the petitioner. Mr. Anil Kumar Sharma, Addl. AG Punjab for the respondents. KANWALJIT SINGH AHLUWALIA, J. (ORAL) Civil Misc. No. 17495 of 2009 Application is allowed, subject to all just exceptions. Civil Writ Petition No. 14840 of 2006 Prayer of the petitioner for grant of Stage Carriage Permit on Amritsar – Bathinda via Tarn Taran – Harike – Zira – Talwandi – Faridkot – Jaito route was rejected by State Transport Commissioner on 18th December, 1997. Copy of the order passed by State Transport Commissioner is attached as Annexure P-3 with the present writ petition. Thereafter, the appeal preferred by the petitioner was also dismissed by the Presiding Officer, State Transport Appellate Tribunal, Punjab, Chandigarh on 28th March, 2005 vide order (Annexure P-4). Vide order (Annexure P-4), 31 appeals were dismissed. One of the co-appellant, M/s Civil Writ Petition No.14840 of 2006 (O&M) Majhi Transport Co. (Regd.), Patiala had filed appeal No. 51 of 1999. The orders dated 18th December, 1997 and 20th March, 2005 were assailed by M/s Majhi Transport Co. by filing Civil Writ Petition No.10648 of 2006, which was decided on May 7, 2009. In Civil Writ Petition No.10648 of 2006, the Court had passed the following order: “The petitioner-a private transport company, seeks quashing of the orders dated 18.12.1997 (Annexure P-4) and 28.03.2005 (Annexure P-5), whereby its application for grant of one regular stage carriage permit on Pathankot-Moga route via Amritsar, Tarn-Taran, Makhu has been rejected. The petitioner also seeks a direction to respondents No.2 and 3 to grant permit on the above stated route. During the course of hearing, learned counsel for the petitioner submits that the controversy involved in this case has been squarely answered in the petitioner's favour by a Division Bench of this Court vide judgment dated July 13, 2006 passed in C.W.P No. 3613 of 205 (Majhi Motors (Regd.), Patiala vs. State Transport Appellate Tribunal and others). Having heard learned counsel for the parties at some length and keeping the above noticed stand taken on behalf of the petitioner, however, without expressing any views on the merits of petitioner's claim, this writ petition is disposed of with a direction to respondents No.2 and 3 to consider the petitioner's claim in the light of the judgment dated July 13, 2006, rendered by this Court in Majhi Motor's case (supra) within a period of three months from the date of receipt of certified copy of this order and in case the petitioner is found entitled for the grant of stage carrier permit, as per the said judgment, the same shall be granted within the above stated stipulated period. In case respondents No.2 and 3 are of the view that the judgment in Majhi Motor's case (supra) is distinguishable or is not attracted to the facts of the present case, in that event, the petitioner's claim shall be disposed of by passing a reasoned order. 2 Civil Writ Petition No.14840 of 2006 (O&M) Copy of order be given dasti on payment of usual charges.” Counsel for the petitioner prays that his writ petition be also decided in the same terms as in Civil Writ Petition No.10648 of 2006 titled as ‘Majhi Transport Co. v. State Transport Appellate Tribunal and others’ decided on 7th May, 2009, the order of which has been reproduced above. I have heard counsel for the parties. I am of the view that present writ petition can be disposed of in terms of order passed in Civil Writ Petition No.10648 of 2006 titled as ‘Majhi Transport Co. v. State Transport Appellate Tribunal and others’ decided on 7th May, 2009. Ordered accordingly. [KANWALJIT SINGH AHLUWALIA] JUDGE November 4, 2009 rps 3