SUKHCHAIN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioners have filed this petition under Articles 226/227 of the Constitution of India for setting aside the order dated 14.11.2006 (Annexure P-11) passed by the State Transport Appellate Tribunal, Punjab, Chandigarh (hereinafter referred to as 'the Appellate Tribunal'), whereby the order dated 15.4.2005 passed by the State Transport Commissioner, Punjab, exercising the powers of Regional Transport Authority, Patiala (hereinafter referred to as 'the STC'), allowing regular extension of stage carriage permit of the petitioners with two return trips daily on Sangrur-Bhikhi via Tungan, Kolaran, Sunam, Cheema route upto Mansa from Bhikhi via Kotra, Khiala, has been set aside, while observing that the impugned extension granted by the STC is illegal and violative of the provision contained in Section 80 (3) of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act') and the provisions contained in the modified transport scheme dated 21.10.1997.

(2.) IN the present case, the petitioners were granted one permit with two return trips daily on Sangrur to Lakhiwala via Tungan, Kolaran, Sunam, Satauj, Budhlada, Boha route. Subsequently, they applied for the grant of regular curtailment of their permit from Cheema to Lakhiwala and extension of the remaining route upto Bhikhi. The said application was allowed by the Secretary, Regional Transport Authority, vide order dated 14.2.2003 (Annexure P-6). Thereafter, the petitioners filed the instant application for grant of extension of their Sangrur to Bhikhi via Tungan, Kolaran, Sunam, Cheema route upto Mansa from Bhikhi via Kotra, Khiala. Their application was processed and survey of the proposed extension was got conducted from the District Transport Officer, Mansa, who recommended the proposed extension in the public interest. According to the survey report, the proposed extension is 17.3 Kms. in single length; the existing route is 44 Kms. in single length and in case the proposed extension is allowed, it would come to 61.3 Kms. and the total daily mileage against the said permit would come to 245.2 Kms. When the application of the petitioners was got published, the General Managers of the Pepsu Road Transport Corporation (hereinafter referred to as 'the PRTC'), Sangrur, Budhlada and Bathinda filed objections to the proposed extension. Four private operators, namely Hardeep Bus Service Regd. Sunam, Vishal Transport Co. Regd. H.O. Mansa, Preet Bus Service Pvt. Ltd. H.O. Patiala Road, Sunam and M/s Sandeep Bus Service Pvt. Ltd. Mansa, also filed objections. At the time of hearing, no one appeared on behalf of three objectors, namely Hardeep Bus Service, Vishal Transport Co. and M/s Sandeep Bus Service. The remaining objectors, including the PRTC, objected the proposed extension on the ground that since sufficient bus service was already available on the proposed extension and the need of the traveling public was already being met with adequately by them, therefore, there was no need for the grant of proposed extension. The STC allowed the application of the petitioners and granted regular extension of stage carriage permit of the petitioners with two return trips daily on Sangrur-Bhikhi via Tungan, Kolaran, Sunam, Cheema route upto Mansa from Bhikhi via Kotra, Khiala.

(3.) WE have heard learned counsel for the parties and gone through the impugned order passed by the Appellate Tribunal as well as the order passed by the STC.