Punjab-Haryana High Court
The Zamidara Cooperative Transport ... vs The State Transport ... on 30 March, 2012
Bench: Jasbir Singh, Sabina
LPA No.474 of 2012(O&M) 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
LPA No.474 of 2012(O&M)
Date of decision: 30.03.2012
The Zamidara Cooperative Transport Society Ltd. Mattanhel
.....Appellant
versus
The State Transport Commissioner-cum-Chairman and others
......Respondents
CORAM: Hon'ble Mr.Justice Jasbir Singh
Hon'ble Mrs.Justice Sabina
Present: Mr.Lekh Raj Sharma, Advocate for the appellant
Jasbir Singh, J. (Oral)
C.M. No.1257 of 2012 In view of reasons mentioned in this application, which is accompanied by an affidavit, it is allowed and 15 days delay in filing the appeal stands condoned.
LPA No.474 of 2012 This appeal has been filed against an order dated 1.2.2012, passed by the learned Single Judge, dismissing CWP No.923 of 2012, filed by the appellant. In the said writ petition, appellant has laid challenge to the letters dated 14.7.2010 and 25.5.2011, whereby the appellant was directed to surrender its extended portion of the route length of the permit, prayer was also made to quash a letter dated 1.10.2009.
As per facts on record, initially, route permit was granted to the appellant in the year 1994. Thereafter, extension was granted and 29 kms. were added in the route length already allotted to the appellant. It is not in dispute that in some other cases, extension beyond 24 kms. by the LPA No.474 of 2012(O&M) 2 authorities below came up for consideration before this Court in the case of Guru Gobind Transport Society Ltd. v. State of Haryana and others (CWP No.3328 of 2007), decided on 30.10.2007, wherein it was held that extension beyond 24 kms. was invalid and contrary to the provisions of Chapter V of the Motor Vehicles Act, 1988. That judgment was affirmed by the Hon'ble Supreme Court in SLP No.22774 of 2007 on 4.1.2008.
To implement the order passed by this Court as affirmed by the Hon'ble Supreme Court, the State of Haryana issued letter dated 1.10.2009, wherein it was directed that the permits in which extension has been granted beyond 24 kms. be not renewed beyond the permissible limit.
After hearing counsel for the appellant this Court is of the opinion that the above letter is perfectly in consonance with the ratio of the judgment mentioned above. It is on record that renewal was declined to the appellant when he refused to surrender extended part of route length beyond 24 kms. Its challenge was also rejected by this Court vide order dated 1.2.2012. We are of the opinion that the order passed is perfectly justified and is in consonance with the ratio of the judgment in the case of Guru Gobind Transport Society Ltd. (supra) and subsequently affirmed by the Hon'ble Supreme Court.
No case is made out to interfere.
Dismissed.
(Jasbir Singh)
Judge
30.3.2012 (Sabina)
gk Judge