BALWINDER SINGH Vs. STATE TRANSPORT APPELLATE TRIBUNAL, PUNJAB

JUDGEMENT

(1.) WHETHER the application made by the petitioner for grant of mini bus permit could be rejected by invoking clause (7-A) of the scheme published by the Government of Punjab vide notification dated 21.10.1997 is the question which arises for determination in this petition filed for quashing order dated 14.8.1997 passed by the State Transport Commissioner, Punjab (respondent No. 2) and order dated 14.11.2002 passed by State Transport Appellate Tribunal, Punjab (for short, 'the Tribunal').

(2.) THE petitioner submitted an application dated 8.4.1996 for grant of one regular mini bus permit to operate four return trips daily on Moda-Churia via Fatehpur, Churkani, Jhunir, Fatta, Tibbi, Kotra route. After some time, he filed C.W.P. No. 10171 of 1996 with the complaint that his application was not being considered and decided. The same was disposed of by a Division Bench of this Court on 17.7.1996 with the direction that the concerned authority shall decide the petitioner's application within a period of eight months.

(3.) DIS -satisfied with the order passed by respondent No. 2, the petitioner filed an appeal under Section 89 of the Motor Vehicles Act, 1988 (for short, 'the Act'). The Tribunal upheld the rejection of the petitioner's application and dismissed the appeal by observing that mini bus permit cannot be granted on a route exceeding 25 KMs.