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Documents citing The Guru Nanak Coop Transport Society ... vs State Of Haryana And Others on 6 September, 2011

The Zamidara Cooperative Transport ... vs The State Transport ... on 1 February, 2012

Brief facts of the case are that the petitioner was earlier granted route permit No.40 from Bilochpura to Jhajjar as per 1993 Scheme (Annexure P-1). Under Chapter V of the Motor Vehicles Act, 1988 (hereinafter referred to as the Act) a route permit can be extended only for 24 kms. By Government instructions dated 18.01.2002 power was granted to the Regional Transport Authorities to make provision for extension even beyond 24 kms. However, thereafter a Division Bench of this Court while deciding CWP No.3328 of 2007 on 30.10.2007 titled as 'Guru Gobind CWP No.923 of 2012 -2- Transport Society Ltd. v. State of Haryana and others' by relying upon a Division Bench of Kerala High Court in Kuaihikrishnan Nair v. R.T.O. Malappuram, 1991(2) KLT 266 held that the Government instructions dated 18.01.2002 were invalid being contrary to Chapter V of the Act and no extension beyond 24 kms would be granted. However, even after the pronouncement of this decision the permit of the petitioner was renewed with the same extension i.e. beyond 24 kms. By instructions dated 01.10.2009 the respondent No.4 communicated to Regional Transport Authorities in Haryana about the passing of the above mentioned judgment of this Court as also the fact that the said judgment had been confirmed by the Hon'ble Supreme Court while dismissing SLP No.22774 of 2007 on 04.01.2008. The respondent No.4 also directed that in the light of the above mentioned judgments no permit could be extended beyond 24 kms. After the receipt of this instruction the impugned order was passed whereby the petitioner was directed that the extension of his permit would be limited to 21 kms.
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The Zamidara Cooperative Transport ... vs The State Transport ... on 30 March, 2012

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.
Punjab-Haryana High Court Cites 2 - Cited by 0 - Full Document
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