SHINDER PAL SINGH Vs. STATE OF TRANSPORT COMMR

JUDGEMENT

(1.) This order will dispose of CWP Nos. 1079, 17426, 10810, 1141, 2614, 7555, 10783 of 2003 as identical questions of law have been raised in all these writ petitions. For facility of reference, the facts and arguments are noticed from CWP No. 1079 of 2003.

(2.) We have heard the learned counsel for the parties at length and perused the paper-books.

(3.) Learned counsel for the petitioners submits that mini-buses permits cannot be granted on routes where the State Undertakings are performing operations in accordance with the statutory scheme formulated by the State of Punjab on 9-8-1990. Learned counsel submits that the respondents are granting mini bus permits merely on the asking of the applicant. It is further submitted that the respondents are deliberately misconstruing the law laid down by the Supreme Court in the cases of Jagdip Singh v. Jagir Chand, 2001 AIR SCW 4109 : (AIR 2001 SC 3027) and Subhash Chander v. State Transport Appellate Tribunal, 2002 AIR SCW 1457 : (AIR 2002 SC 1562) wherein Clause 7-A of the Mini Bus Scheme contained in Notification dated 21-10-1997 has been struck down.