LUDHIANA MOTOR FINANCE CO PVT LTD Vs. STATE TRANSPORT APPELLATE TRIBUNAL, PUNJAB, CHANDIGARH & OTHERS

JUDGEMENT

(1.) Through this writ petition, petitioner is challenging the order dated 29.11.2012 (Annexure P-6) passed by the State Transport Appellate Tribunal, Punjab dismissing the revision petition preferred by the petitioner against the order dated 22.7.2011 (Annexure P-5) passed by the State Transport Commissioner, Punjab-respondent No.2 directing the petitioner to surrender permit Nos.38/23 to 25, 1077/SC-71 and 2033/SC-74 to the Secretary, Regional Transport Authority, Jalandhar with a further direction to this authority to issue regular permits to Hoshiarpur Express Transport Co.Ltd.Hoshiarpur-respondent No.3.

(2.) Counsel for the petitioner contends that the impugned orders dated 29.4.2012 (Annexure P-6) and 22.7.2011 (Annexure P- 5) cannot sustain as the directions issued therein are in violation of Sections 70, 72 and 82 of the Motor Vehicles Act, 1988 (hereinafter referred to as 1988 Act). Referring to Section 2(31), 2(40) and 2(47) of the 1988 Act, it is contended that permit can only be transferred if it is a stage carriage vehicle. In the absence of any stage carriage vehicle, no permit can be transferred. At present, petitioner is operating the routes for which the permits had been granted for the buses, which are owned by the petitioner and, therefore, the impugned orders cannot sustain.

(3.) On the other hand, counsel for the respondents has contended that the permit is granted to a person and it is thereafter that the permit is operated through a stage carriage vehicle. Once the said permit is transferred in the name of the person by the authorities under the Motor Vehicle Act for operating the said permit, vehicle has to be shown to the competent authority and it is only thereafter that the permit becomes operational. It can even be done simultaneously or at a later stage after the permit has been issued.