NEW DEEP BUS SERVICE Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Vide this common order we shall dispose of above said two writ petitions as common question of law and facts are involved therein. For the sake of convenience, the facts are being taken from CWP-23482-2021.

(2.) By this petition the petitioners have prayed for issuance of directions for quashing the order dtd. 12/11/2021 (Annexure P-21 and Annexure P-22) whereby permits granted to the petitioners have been cancelled.

(3.) Brief facts of the case are that the petitioners are transporters in the State of Punjab and have been issued Stage Carriage Permits under Sec. 72 of the Motor Vehicles Act, 1988 (for short 'the MV Act') which falls under Chapter V of the MV Act. Due to nationwide lockdown on account of Covid-19, the petitioners could not deposit the Motor Vehicle Tax and the Regional Transport Authority, Faridkot (RTA) seized 26 buses of the petitioners. The petitioners made a representation dtd. 12/10/2021 to the RTA praying for recovery of the Motor Vehicle Tax in installments and the Authority verbally permitted the petitioners to pay the tax in installments and assured the petitioners regarding release of the impounded buses. Thereafter, the petitioners paid the first installment on 12/10/2021 for the month of November, 2021 and undertook to pay remaining installments. The RTA in pursuance of the assurance of the petitioners, released only 6 buses and assured the petitioners that by the morning of 13th October, remaining buses would be released. But thereafter, the RTA re-seized the 6 released buses again on 13th to 15/10/2021. The petitioners filed CWP-21494-2021 which was disposed of by this Court after the Court was informed that the representation dtd. 12/10/2021 made by the petitioners has been rejected. On 12/11/2021, the State Authority passed orders cancelling the permits.