Northern Travels Malout vs Secretary on 15 May, 2012

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Punjab-Haryana High Court

Northern Travels Malout vs Secretary on 15 May, 2012

Bench: Rajiv Narain Raina

CWP No. 9019 of 2012                                                 -1-



          IN THE PUNJAB AND HARYANA HIGH COURT AT
                         CHANDIGARH


                              CWP No. 9019 of 2012
                              Date of Decision: 15.05.2012

Northern Travels Malout, Shop No. 46, Opposite New Bus Stand Grain
Market, Malout, Distt. Muktsar

                                                        ......... Petitioner
                          Versus

Secretary, Regional Transport Authority, Ferozepur

                                                     ............ Respondent

                          *****

CORAM : HON'BLE MR. JUSTICE RAJIV NARAIN RAINA

Present:    Mr. P.S. Bawa, Advocate
            for the petitioner.

                 ****

     1.     To be referred to the reporters or not?
     2.     Whether the judgment should be reported in the digest.

RAJIV NARAIN RAINA, J.

1. The petitioner is an existing operator on the Malout - Faridkot route. He holds stage carriage permit renewed up to 30.06.2013 by the Secretary, RTA, Ferozepur with 3 return trips. The petitioner had requested for providing equal frequency to all the existing operators after providing them opportunity of hearing and consequently, the respondent approved joint time bale on 31.3.2012 without providing equal frequency of timings to the petitioner. Consequent upon this, the petitioner made request to the Secretary, RTA, Ferozepur for consideration for revision of time table and for making of a joint time table in the light of the changed circumstances. In the absence of fixed timing, the petitioner was not able to serve the travelling public effectively. The petitioner has made representation CWP No. 9019 of 2012 -2- copy of which has been placed on the record of this case as Annexure P-3. The respondent-RTA, Ferozepur has not addressed the grievance so far.

2. Mr. P.S. Bawa, learned counsel for the petitioner submits that this is an appropriate case in which ex parte directions could be issued to the Secretary, RTA, Ferozepur to decide that representation.

3. Consequently, a direction is issued to the respondent to consider and decide the representation (P-3) within 14 days from the date of receipt of certified copy of this order. Needless to say that the respondent would accord an opportunity of effective hearing to the petitioner which would be only dispensed with in case, the grievance of the petitioner can be redressed favourably without hearing.

4. In view of the above directions, the present petition stands disposed of.

(RAJIV NARAIN RAINA) 15.05.2012 JUDGE 'sp'

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