LAWS(P&H)-2008-4-161

GURPREET SINGH Vs. STATE TRANSPORT APPELLATE TRIBUNAL

Decided On April 23, 2008
GURPREET SINGH Appellant
V/S
STATE TRANSPORT APPELLATE TRIBUNAL Respondents

JUDGEMENT

(1.) In this petition filed under Articles 226/227 of the Constitution of India, the petitioner has challenged the order dated 10.4.2001, passed by the State Transport Commissioner, Punjab, exercising the powers of Regional Transport Authority, Patiala (hereinafter referred to as 'the RTA') as well as the order dated 14.11.2005, passed by the State Transport Appellate Tribunal, Punjab, Chandigarh (hereinafter referred to as 'the STAT'), whereby his appeal against the aforesaid order has been dismissed.

(2.) In the present case, the RTA invited applications for the grant of six stage carriage permits for plying six return trips daily on Mohali- Faridkot via Kharar, Morinda, Samrala, Ludhiana, Jagraon, Moga, Talwandi Bhai route (hereinafter referred to as 'the route in question'), the single length of which is 219 Kms. In this regard, a notice was got published in the Motor Transport Gazette, Weekly, Chandigarh, dated 22.4.2000. Since the route in question falls on the State Highways, therefore, under the Transport Scheme dated 9.8.1990, the mileage on the route is to be shared by the State Transport Undertakings (hereinafter referred to as 'the STUs') and the private operators in the ratio of 40:60. As such, the RTA decided to grant two stage carriage permits with two return trips daily to the STUs and the remaining four permits with four return trips daily to the private operators.

(3.) In response to the said notice, 183 applications were received. The RTA, while taking into consideration the merits and de-merits of all the eligible applicants, granted one permit each to the Punjab Roadways, Chandigarh and the PRTC, Faridkot, the STUs, and the remaining four permits were granted to respondents No.4 to 7, the private operators.