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1 - 2 of 2 (0.48 seconds)The Guru Nanak Coop Transport Society ... vs State Of Haryana And Others on 6 September, 2011
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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