BABA BUS SERVICE Vs. STATE TRANSPORT APPELLATE TRIBUNAL

JUDGEMENT

(1.) THIS order shall dispose of LPA No. 192 of 2008 filed by respondent No. 3 in the writ petition No. 11529 of 2001 and LPA No. 191 of 2008 filed by the writ petitioners in the aforesaid writ petition. Since both the appeals arises out of the same judgment arising out of one writ petition, therefore, the same are being disposed of together.

(2.) IN December 1992, applications were invited for grant of regular stage carriage permits with return trips under the provisions of Motor Vehicles Act, 1988 and the scheme notified by Government of Punjab vide notification dated 9-8-1990. Originally, the applications were invited for one permit for Moga- Abohar via Bagha Purana, Kot Kapura, Muktsar and Malout route measuring 147 Kms. Subsequently, the same was amended on 1-1-1993 so as to invite applications for two permits, out of which one permit was reserved for the State Undertaking.

(3.) AGGRIEVED by the aforesaid order, Objector filed the writ petition mentioned above before this Court which has been allowed by the learned Single Judge on 22-4-2008, the order impugned in the present appeals. The learned Single Judge has found that line of travel in the present case is between Moga-Abohar via Bagha Purana, Kot Kapura, Muktsar and Malout. However, the route applied by Permit Holder is Abohar to Moga via Muktsar. These two lines of travel route are quite different. The distance may be different as Permit Holder has applied for a direct route which is separate trip and cannot be said to be route for which the applications were invited. Such aspect was not taken into consideration by the authorities. It was found that the application of Permit Holder cannot be treated as an application for permit on the Moga- Abohar route via Bagha Purana, Kot Kapura, Muktsar and Malout. It was also found that the finding of the State Transport Commissioner that Permit Holder is not in default of arrears of tax is incorrect. Reliance was placed upon demand notice dated 12-07-2001 issued by the office of Taxation Officer, District Sri Ganganagar (Rajasthan) in respect of arrears of tax amounting to Rs. 1,93,746/- for the period 1-1-1994 to 31-07-2001 towards bus No. RNK-3437. It was also found that the application of the Permit Holder was defective as it had not filed an affidavit disclosing holding of one permit of mini bus. Thus, the Permit Holder has failed to furnish complete and full information.