STATE OF PUNJAB Vs. DHILLON TRANSPORT CO

JUDGEMENT

(1.) A bunch of writ petitions is being disposed of by this judgment as the question of Law involved therein is common, i. e. as to whether applications filed by existing stage carriage permit holders for variation of the terms and conditions of the permits in the matter of either increase of return trips or extension of the area of routes having been declined, on enforcement of Motor Vehicles Act, 1988, and publication of the Scheme under Section 100 thereof, could the State Transport Appellate Tribunal entertain appeals and grant the relief. Broad facts are taken from the writ petition No. 11150 of 1992.

(2.) DHILLON Transport Company-respondent No. 1 made an application for increase of return trips from one to three on Mansa-Tal-wandi via Jhunir route and subsequently extension of three trips upto Bhatinda. The length of extension sought was stated to be 30 Kilometers. This application was published for inviting objections by the Regional Transport Authority (State Transport Commissioner, Punjab ). On July 18, 1991, vide Annexure P/1, the application was rejected, inter alia, on the ground that the grant of new mileage was to be decided in accordance with the provisions of the scheme. Against the aforesaid order, Dhillon Transport Company filed an appeal, which was decided by the State Transport Appellate Tribunal, Punjab/respondent No. 2 vide order dated June 3, 1992. Annexure P-2. It is this order, which is subject matter of the challenge in this writ petition filed by the State of Punjab, through Joint Secretary of Government, Punjab. Annexure P/3 is a notification issued by State of Punjab dated August 9, 1990, in exercise of powers conferred by Section 99 of the Motor Vehicles Act, 1988. In exercise of the powers under Section 100 of the aforesaid Act, the scheme was notified to be operative w. e. f. August 9, 1990. The relevant provisions of the Scheme are contained in paragraphs 5 and 6, which are reproduced below :

(3.) SIMILAR is the position in respect of Civil Writ Petition Nos. 11152, 11153, 11134, 11765, 11018, 11215, 11822 and 11823 of 1992. In all these writ petitions order of the Appellate Tribunal has been challenged by the State of Punjab.