EVERGREEN BUS SERVICE (REGD ) Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioners have filed this petition under Articles 226 and 227 of the Constitution of India for issuing a writ of mandamus directing respondents No.2 and 3 to entertain the application of the petitioners for grant of stage carriage permits under Section 80(2) of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act') on the non-nationalized route from Bagha Purana to Rampura via Phullewal Pul, Smadh Bhai, Rounta, Pakharwad, Dyalpura, Bhaika, Salabedpura, Bhai Roopa, Gill, Harnam Singh Wala, Phool (hereinafter referred to as 'the route in question') and return trip thereof; and with a further direction to the respondents not to proceed with the so-called Mini Bus Scheme got published in the Motor Transport Gazette Weekly dated September 1, 2007 as the proposed scheme is in violation of the law laid down by the Supreme Court in Jagjit Bus Service, Amritsar v. STAT of Punjab etc., AIR 1987 SC 2272.

(2.) It is the case of the petitioners that they want to apply for grant of permit to ply mini buses on the route in question. For the said purpose, the petitioners had approached the Regional Transport Authority requesting it to supply the requisite form, but the said Authority did not supply the requisite form to the petitioners to enable them to apply for the grant of the aforesaid permit.

(3.) It is further the case of the petitioners that whenever a citizen wants to have a permit on a route, which is a non-nationalized route, the Regional Transport Authority is bound to grant the permit to such applicant under Section 80(2) of the Act.