GURNAM SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioners, in this petition under Articles 226 and 227 of the Constitution of India, have sought quashing of order dated 5.3.2004 (Annexure P-2, which has been described as the proceedings of the meeting qua item No. 6) passed by the Additional State Transport Commissioner, Punjab (respondent No. 3) whereby the application filed by respondent No. 5- Sukhminder Singh for curtailment/diversion/extension of the route for which he was holding a mini bus permit No. 1079/MB/R/03 with four return trips daily was accepted. They have also prayed that order dated 4.8.2004 (Annexure P-3) passed by the State Transport Appellate Tribunal, Punjab (hereinafter described as 'the STAT') vide which the revision petitions preferred against cumulative order dated 5.3.2004 of respondent No. 3 have been dismissed being time barred, be quashed. Still further, the petitioners have made a prayer that Rule 122 of the Punjab Motor Vehicles Rules, 1989 be declared as ultra vires to the provisions of the Motor Vehicles Act, 1988.

(2.) THE petitioners have filed the present petition purportedly as public interest litigation by styling themselves as the residents of the areas, who were affected by the curtailment/diversion/extension of the route in question. They have made a pointed reference to the finding of the STAT recorded in Annexure P-3, which, while commenting upon the curtailments/diversion/ extension, has observed as under :-

(3.) WE have heard the learned counsel for the parties at some length and have perused the record.