LAWS(P&H)-1962-6-2

AMBALA BUS SYNDICATE PRIVATE Vs. STATE GOVERNMENT

Decided On June 01, 1962
AMBALA BUS SYNDICATE PRIVATE LTD. Appellant
V/S
STATE GOVERNMENT Respondents

JUDGEMENT

(1.) THE Ambala Bus Syndicate Private Ltd. has applied under Article 226 of the constitution for quashing the order of the Secretary to Government, Punjab, Transport Department dated the 1st of June 1961, whereby he reviewed his earlier order as also that of his predecessor. A writ in the nature of mandamus has also been prayed for directing the respondents to do their duty according to law and the Prescribed Appellate Authority (Respondent No. 4) is similarly sought to be prohibited by this Court from hearing the appeal again which has been finally disposed of according to law.

(2.) THE allegations on which this petition is based are that the petitioner-company is operating efficient passenger bus service on various routes in Ambala District, including:

(3.) THE petitioner-company, however, preferred an appeal from the order of the regional Transport Authority, Patiala, dated the 3rd of January, 1959, granting extension of the route permit to respondent No. 5. This appeal was heard by the provincial Transport Controller who allowed it holding that the jurisdiction for grant of extension was confined only to the Regional Transport Authority Ambala. The impugned order of the Patiala Authority was thus set aside. Respondent No. 5 took the matter on revision under Section 64 (h), Motor Vehicles act, as amended in this State, but the said revision was dismissed by Shrj R. S. Talwar on the 24th of May, 1960. Respondent No. 5 is then said to have filed a revision petition describing it both as revision/review and this was done after Shri talwar had handed over charge of his duties as Secretary, Transport Department, and was succeeded by Shri Prem Sarup, I. A. S. The petitioner described this revision) review petition to be wholly incompetent and Shri Prem Sarup also dismissed it on the 16th of September, I960. A writ petition filed by respondent no. 5 in this Court (Civil Writ No. 1136 of 1960) was also dismissed on the 18th of july, 1960.