MOHINDER SINGH Vs. HIMACHAL PRADESH GOVERMENT

JUDGEMENT

(1.) This Writ Petition was filed under Articles 226 and 227 of the Constitution by one Mohinder Singh praying for .the issue of an appropriate writ, direction or order directing the respondents I and 2 to stop the prosecution of the petitioner for plying his mother vehicle under a public carrier permit No. 76/65 issued by the State Transport Commissioner, Punjab, for the whole of Punjab and Kalka-Simla route. The first respondent is the State of Himachal Pradesh. The second respondent is the State Transport Authority, Himachal Pradesh, Simla. The third respondent is the State Transport Commissioner Punjab, Chandigarh.

(2.) The Petitioner, Moninder Singh, is engaged in the business of goods transport on the authority of a public carrier permit No. 76/65 in respect of his vehicle No. PNS-638 issued by the Secretary, Regional. Transport Authority, Ambala, in accordancs with the orders of the State Transport Commissioner, Punjab, for the whole of Punjab and Kalka-Simla route. The said permit was granted on 13th January, 1965, undersection 57 of the Motor Vehicles Act, 1939, on regular basis for a period of five years, i.e. valid upto 12th January, 1970.

(3.) Prior to 20th June, 1950, the Kalka-Simla route lay in three States, viz., Punjab, Pepsu and Himachal Pradesh. Section 63 of the Motor Vehicles Act, 1939 provides for validation of permits for use outside the region in which it was granted. Sub-sections (1) and (3) of Section 63 run as under :-