CWP No.16974 of 2009.doc - 1 – HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.16974 of 2009 Date of Decision: 14.07.2010 **** Khanda Kheri Cooperative Transport Society Ltd. . . . . Petitioner VS. State Transport Appellate Authority, Haryana and others . . . . Respondents **** CORAM : HON’BLE MR.JUSTICE SURYA KANT **** 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? **** Present: Mr. HS Sawhney, Senior Advocate with Mr. Ashok Giri, Advocate for the petitioner Mr. Ravi Dutt Sharma, DAG Haryana for respondents No.1 to 5 Mr. IP Goyat, Advocate for respondents No.6&7 ***** SURYA KANT J. (ORAL) (1). This order shall dispose of CWPs No.16974 & 18310 of 2009 as common issues are involved for adjudication. (2). In the first writ petition, the petitioner-Cooperative Transport Society seeks a direction to the Regional Transport Authority, Hisar not to allow the plying of buses by Haryana Roadways on Narnaund to Uchana Route without having any permit from the competent authority. (3). In the second writ petition, the Gram Panchayat of Village Rakhi Shahpur seeks a direction to the Haryana CWP No.16974 of 2009.doc - 2 – Roadways to ply buses on Narnaund to Uchana route as lot of inconvenience is being caused to the public due to non-availability of transportation facilities. (4). Having heard learned counsel for the parties at some length and on perusal of the documents on records, I am of the considered view that there can indeed be no doubt that the plying of buses by private transporter(s) or Haryana Roadways has to be preceded by a valid permit. Notwithstanding as one of its facet as a competitor with the Transport Societies, since the Transport Department, Haryana, being an organ of the ‘Welfare State’, is also required to render services to the general public, both the writ petitions are disposed of with a direction to the Regional Transport Authority, Hisar and the State Transport Commissioner, Haryana to accord necessary permit to the Haryana Roadways to ply its buses on the Narnaund to Uchana route, if so required, in the larger public interest. (5). The needful shall be done preferably within a period of one month from the date of receipt of a certified copy of this order. If the authorities are of the view that there is no such necessity, in that event the plying of buses shall not be permitted in violation of the law. (6). Ordered accordingly. (7). Dasti . CWP No.16974 of 2009.doc - 3 – (SURYA KANT) JUDGE 14.07.2010 vishal shonkar