CWP No.11772 of 2008 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CWP No.11772 of 2008 Date of decision: 29.8.2008 Harjit Singh Appellant v. State Transport Appellate Tribunal, Punjab and others -----Respondent. CORAM:- HON'BLE MR JUSTICE ADARSH KUMAR GOEL HON'BLE MR JUSTICE AJAY TEWARI Present:- Mr. Rahul Ram Pal, Advocate for the appellant. Ms. Sudeepti Sharma, AAG, Punjab. ---- JUDGMENT: 1. This petition seeks quashing of the order of the State Transport Appellate Tribunal, respondent No.1 dated 20.7.2007, Annexure P.2, dismissing the appeal against the order of the State Transport Commissioner dated 16.4.2003, Annexure P.1. 2. Respondent No.2, after considering the rivals claims, granted one permit each to Onkar Travels, Patiala and Om Onkar Travels, Amritsar. Against the order dated 16.4.2003, the petitioner preferred an appeal to respondent No.1, which has been dismissed. It was observed that major portion of the route fell on the National Highway and as per approved scheme, permits had to be granted to STUs and private operators in the ratio of 75:25. The permits in question fell to the share of STUs but since the STC expressed its 1 CWP No.11772 of 2008 inability, the permits were granted in favour of private operators. The authority decided to grant one stage carriage permit with one return trip each in favour of the deserving existing operators. 3. Before the Tribunal, the petitioner withdrew his objection with regard to permit granted to Om Onkar Travels. As regards Onkar Travels, it was observed that transfer of permit by it was not enough to show that it was not a genuine applicant. There was nothing to show that Onkar Travels was put up by the transferee. Moreover, as compared to the petitioner, Onkar Travels was an existing operator. The petitioner was a new entrant. The transferee had not been impleaded as a party before the Tribunal. 4. We have heard learned counsel for the petitioner and perused the record. 5. The petition was ordered to be listed for hearing alongwith CWP No.18995 of 2007, which has been dismissed by separate order passed today in view of order passed today in CWP No. 18994 of 2007 (Sawinder Singh v. State Transport Appellate Tribunal, Punjab), inter-alia, on the ground that the writ petition was filed one year after the order of the Tribunal. The present writ petition has also been filed about one year after the order of the Tribunal. The order of the Tribunal is dated 20.7.2007 and this petition was filed on 9.7.2008. 2 2 CWP No.11772 of 2008 6. The Tribunal having considered the matter, the petitioner being a new entrant and not an existing operator, his case having been duly considered vis-à-vis the person to whom permit was granted, we do not find any ground to interfere under Article 226 of the Constitution. 7. Dismissed. (Adarsh Kumar Goel) Judge August 29, 2008 (Ajay Tewari) ‘gs’ Judge 3 3