Supreme Court - Daily Orders
Patiala Golden Coop. Trans. Society ... vs State Transport Commi. Punjab on 22 November, 2016
Bench: Jagdish Singh Khehar, Arun Mishra, A.M. Khanwilkar
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.11121 OF 2016
(Arising out of SLP(C)No.36303 of 2013)
PATIALA GOLDEN COOPERATIVE TRANSPORT
SOCIETY LTD. ... APPELLANT(S)
VS.
STATE TRANSPORT COMMISSIONER, PUNJAB & ORS. ... RESPONDENT(S)
WITH
CIVIL APPEAL NO.11122 OF 2016
(Arising out of SLP(C)No.36340 of 2013)
PATIALA BUS SYNDICATE PVT. LTD. ... APPELLANT(S)
VS.
STATE TRANSPORT COMMISSIONER, PUNJAB & ORS. ... RESPONDENT(S)
O R D E R
C.A.No.11121/2016 @ SLP(C)No.36303/2013 :
Leave granted.
A notice was published in the Motor Transport Signature Not VerifiedGazette Weekly, Chandigarh, dated 1.12.2005, inviting Digitally signed by SARITA PUROHIT applications for grant of two stage carriage permits, for Date: 2016.11.24 16:39:12 IST Reason: plying two return trips daily, between Hoshiarpur and 1 Patiala, Via Phagwara, Goraya, Phillaur, Ludhiana, Khanna and Sirhind. Fifty applications were received, in response to the above notice. It is not a matter of dispute, that the appellant herein, namely, Patiala Golden Cooperative Transport Society Ltd., was one of the applicants. It is also not a matter of dispute, that the Highways Bus Service Regd. and Rajdhani Transport Company Pvt. Ltd. were also amongst the applicants, for the above permit.
By an order dated 10th July, 2006, the State Transport Commissioner found favour with the application preferred by Rajdhani Transport Company Pvt. Ltd. and granted one of the two regular stage carriage permits advertised, to it. This grant is subject matter of the present appeal. The other stage carriage permit was granted in favour of the Pepsu Road Transport Corporation, Ludhiana. It is necessary to record here, that there is no challenge to the permit granted to the Pepsu Road Transport Corporation, Ludhiana.
Highways Bus Service Regd., raised a challenge to the permit granted in favour of Rajdhani Transport Company Pvt. Ltd., by preferring an appeal before the State Transport Appellate Tribunal, Punjab. The said appeal was allowed, by an order dated 30th August, 2007. Twelve other appeals were also filed. By the appellate order, one regular stage carriage permit was granted to Highways Bus Service Regd., consequently, the permit 2 granted to Rajdhani Transport Company Pvt. Ltd. was cancelled.
Dissatisfied with the order passed by the State Transport Appellate Tribunal, Punjab, dated 30th August, 2007, the Rajdhani Transport Company Pvt. Ltd. preferred Writ Petition No.15050/2007, before the High Court for the States of Punjab & Haryana at Chandigarh (hereinafter referred to as the “High Court”). The said writ petition came to be dismissed on 25th September, 2007. The order dated 25th September, 2007 was again assailed by Rajdhani Transport Company Pvt. Ltd. before this Court, by preferring SLP(C)No.22314/2007. During the pendency of the aforesaid special leave petition, a compromise was arrived at between the Highways Bus Service Regd. and Rajdhani Transport Company Pvt. Ltd. on 3rd January, 2008. The said compromise was given effect to by this Court, on 11th February, 2008. A perusal of the compromise between Highways Bus Service Regd. and Rajdhani Transport Company Pvt. Ltd. reveals, that they were to share one regular stage carriage permit for plying two return trips between Hoshiarpur and Patiala, notified on 1st December, 2005.
It is relevant to mention, that before the aforesaid compromise came to be entered into between Highways Bus Service Regd. and Rajdhani Transport Company Pvt. Ltd. before this Court, the appellant herein approached the High Court along with another applicant for the above stage carriage permit. The High Court was approached 3 through Writ Petition Nos.19035 and 19285 of 2007 (the former was preferred by the appellant herein, namely, Patiala Golden Cooperative Transport Society Ltd.). Both the writ petitions came to be dismissed on 22nd February, 2012. The order dated 22nd February, 2016 was assailed by the appellant, by preferring Letters Patent Appeal No.1166/2012, which was again dismissed by the High Court, through the impugned order dated 30th July, 2013. A perusal of the impugned order dated 30th July, 2013 reveals, that the High Court did not examine the merits of the claims raised by the appellant herein, merely on account of the fact, that the compromise, which had been effected between Highways Bus Service Regd. and Rajdhani Transport Company Pvt. Ltd. on 3rd January, 2008, had been accepted and approved by this Court, on 11th February, 2008.
We have given our thoughtful consideration to the claim raised by the appellant. We are of the considered view, that the compromise dated 3rd January, 2008, and the finalization thereof by this Court vide order dated 11th February, 2008, was with reference to the lis adjudicated upon by this Court, only between Highways Bus Service Regd. and Rajdhani Transport Company Pvt. Ltd. The aforesaid determination was not with reference to the claim raised by the appellant herein, namely, Patiala Golden Cooperative Transport Society Ltd. Nor can the same be considered as binding on the appellant, who was 4 not a party to the proceedings wherein the compromise was effected. It was imperative upon the High Court, in the above view of the matter, to have examined the claim of the appellant on merits. And in case, the appellant could establish independently, a better right as against Highways Bus Service Regd. and Rajdhani Transport Company Pvt. Ltd., the same ought to have been given effect to. Since the merits of the claim of the appellant were not evaluated, we considered it just and appropriate to set aside the impugned order passed by the High Court, and to remand the matter back to the High Court, to be adjudicated afresh, on merits. Letters Patent Appeal No.1166/2012 is, therefore, restored to its original number. The parties are directed to appear before the High Court on 15th December, 2016.
The instant appeal is allowed, in the above terms. Pending applications, if any, shall stand disposed of. There shall be no order as to costs.
C.A.No.11122/2016 @ SLP(C)No.36340/2013 :
Leave granted.
It is not disputed, that the claim raised in the instant case is identical to the one raised in Patiala Golden Cooperative Transport Society Ltd. Vs. State Transport Commissioner, Punjab (C.A.No.11121/2016 @ SLP(C)No.36303/2013). In view of the order passed in 5 C.A.No.11121/2016 @ SLP(C)No.36303/2013, this appeal is also allowed, in the same terms.
....................J. [JAGDISH SINGH KHEHAR] ...........J. [ARUN MISHRA] ...............J. [A.M. KHANWILKAR] New Delhi;
22nd November, 2016.6
ITEM NO.10 COURT NO.2 SECTION IVB
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s).36303/2013 (Arising out of impugned final judgment and order dated 30/07/2013 in LPA No.1166/2012 passed by the High Court Of Punjab & Haryana At Chandigarh) PATIALA GOLDEN COOP. TRANS. SOCIETY LTD. Petitioner(s) VERSUS STATE TRANSPORT COMMI. PUNJAB & ORS Respondent(s) (With interim relief and office report) (For final disposal) WITH SLP(C)No.36340/2013 (With Interim Relief and Office Report) Date : 22/11/2016 These petitions were called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE JAGDISH SINGH KHEHAR HON'BLE MR. JUSTICE ARUN MISHRA HON'BLE MR. JUSTICE A.M. KHANWILKAR For Petitioner(s) Mr. Rohit Kapoor,Adv.
Mr. Rajesh Sharma,Adv.
For Ms. Shalu Sharma,Adv.
For Respondent(s) Mr. Nikhil Nayyar,AAG(Pb.) Mr. Jagjit Singh Chhabra,Adv.
Mr. K.K. Mohan,Adv.
Mrs. Rani Chhabra,Adv.
Ms. Priyanka Sony,Adv.
Mr. Gurbir Singh Raikhy,Adv. Ms. Vandita Nain,Adv.
Mr. Surya Kant,Adv.
UPON hearing the counsel the Court made the following O R D E R Leave granted.7
The appeals are allowed with no order as to costs in terms of the signed order. Pending applications stand disposed of.
(Sarita Purohit) (Renuka Sadana)
Court Master Assistant Registrar
(Signed order is placed on the file)
8