IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P NO. 2061 OF 2009 DECIDED ON : 10.02.2009 M/S Supreet Transport ...Petitioner versus State Transport Commissioner and others ...Respondents CORAM : HON'BLE MR. JUSTICE SURYA KANT Present : Mr. R. S. Sharma, Advocate, for the petitioner. SURYA KANT, J. (ORAL) The petitioner seeks quashing of the order dated 18.10.2007 passed by the State Transport Commissioner, whereby the grant of Mini Bus Stage Carriage Permit has been declined, as well as, the order dated 25.11.2008 passed by the State Transport Appellate Tribunal, upholding the above mentioned order of the State Transport Commissioner. Both the authorities have turned down the petitioner's request for grant of Mini Bus Stage Carriage Permit on the ground that the State Government has already notified a private Scheme known as “The Punjab Mini Bus Service Scheme 2007” and in view of Section 99 (2) of the Motor Vehicles Act, 1988 and once a Draft Scheme has been notified, no regular permit can be granted to any person. C.W.P NO. 2061 OF 2009 -2- Learned counsel for the petitioner submits that the above mentioned Scheme has since been finalized and the same is not applicable to the route in question. In another words, the petitioner's claim is that the Scheme has no relevance in respect of the permit applied for. Having heard learned counsel for the petitioner and keeping in view the above mentioned stand taken on its behalf that the draft or finalized Scheme is not at all applicable in its case, I am of the considered view that the aforesaid plea can be appreciated by the Competent Authority only, namely, respondent No.1. Consequently, this writ petition is disposed of with liberty to the petitioner to approach respondent No.1 for the subject route on the premise that the Draft Scheme, which was made basis to decline the relief, has since been finalized and is inapplicable to the subject route. If any such application is moved by the petitioner, the Competent Authority shall consider and dispose of the same in accordance with law, as early as possible and preferably within three months. Disposed of. FEBRUARY 10, 2009 (SURYA KANT) shalini JUDGE