C.W.P NO. 10262 OF 2006 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P NO. 10262 OF 2006 DECIDED ON : 07.05.2009 Ramandeep Bus Service ...Petitioner versus The State Transport Appellate Tribunal and others ...Respondents CORAM : HON'BLE MR. JUSTICE SURYA KANT Present : Mr. Nonish Kumar, Advocate, for the petitioner. Mr. G. S. Attariwala, Additional AG, Punjab. SURYA KANT, J. (ORAL) The petitioner-a private transport company, seeks quashing of the orders dated 11.12.1997 (Annexure P-4) and 28.03.2005 (Annexure P-5), whereby its application for grant of one regular stage carriage permit on Malerkotla-Moga route via Cheema, Raikot, Jagraon 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 C.W.P NO. 10262 OF 2006 -2- 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. Copy of order be given dasti on payment of usual charges. MAY 07, 2009 (SURYA KANT) shalini JUDGE