PUNJAB ROADWAYS Vs. KHARAR TRANSPORT COMPANY (REGD ) KHARAR

JUDGEMENT

(1.) The Punjab Roadways, Chandigarh, through its General Manager has filed the instant writ petition challenging the order dated 2.6.2004, passed by the State Transport Appellate Tribunal, Punjab, Chandigarh (hereinafter referred to as 'the Appellate Tribunal'), whereby one regular regular stage carriage permit with one return trip daily on Ropar-Chandigarh via Kakron route (hereinafter referred to as 'the route in question') has been granted in favour of Kharar Transport Company (Regd.), Kharar, respondent No.1 herein.

(2.) In the present case, the State Transport Commissioner, Punjab, exercising the powers of Regional Transport Authority, Patiala (hereinafter referred to as 'the STC'), in its meeting held on 8.12.1976, granted one temporary stage carriage permit for plying one return trip daily on the route in question each in favour of the Punjab Roadways, Chandigarh and the Ambala Bus Syndicate Pvt. Ltd., Ropar. But these permits were not lifted by both the grantees. Thereafter, these permits were allotted from time to time on temporary basis.

(3.) The system of issuing temporary stage carriage permits on the routes continued till 27.7.1987, when the Supreme Court in its judgment in Civil Appeal No. 1522 of 1987 arising out of SLP (Civil) No.8847 of 1986 ordered the cessation of all temporary permits and directed the grant of regular stage carriage permits on all those routes where the need of the travelling public is of permanent nature.