- (1.) THE State of Punjab has filed the instant writ petition impugning the order dated 27.10.2008, Annexure P4, passed by the State Transport Appellate Tribunal whereby one regular stage carriage permit for plying one return trip daily for air-conditioned bus had been granted in favour of respondent 3 on the Amritsar-Mohali via Jalandhar, Nawanshahar, Ropar route (for short to be referred as 'the route in question').
(2.) A brief factual backdrop would be necessary. Applications were invited for grant of two regular stage carriage permits for plying two return trips daily on the route in question in terms of a notice dated 1.12.2005 published in the motor Transport Gazette, Weekly, Chandigarh. The route in question had been surveyed by the Secretary, Regional Transport Authority, Jalandhar and in terms of the survey report, the route was 229 kms. in single length, out of which 133 kms. fell on the National Highway and the rest 96 kms. on the State Highway. As per the Transport Scheme formulated by the State dated 9.8.1990 and modified on 21.10.1997, the permits were required to be granted in favour of the State Transport Undertaking and the private operators in the ratio of 40:60. As such, out of the two permits for the route in question for which the applications had been invited, one permit for plying one return trip daily each was required to be allotted in favour of the State Transport Undertaking and the private operators. Undisputedly, no State Transport Undertaking submitted application for claiming the grant of stage carriage permit on the route in question. Sixteen applications had been received from various private transport operators and in terms of order dated 7.11.2006 passed by the State Transport Commissioner, Punjab, both the regular stage carriage permits were allotted to the private operators i.e. one in favour of Kanwar Partap Singh i.e. respondent No.4 and the other in favour of Hari Travels Transport Ltd. i.e. respondent 5. Three appeals at the hands of unsuccessful private operators arose out of the order dated 7.11.2006 including one preferred by respondent No.3 herein. It is in terms of passing a common order disposing of such three appeals that the impugned order dated 27.10.2008 had been passed by the State Transport Appellate Tribunal, Punjab whereby the appeal preferred by respondent No.3 had been allowed and one permit for operating one return trip daily on the route in question which was lying vacant has been granted in favour of Rara Sahib Bus Service Regd., Ludhiana. Learned counsel for the parties have been heard at length.
(3.) IT has been vehemently argued on behalf of the State that the impugned order allotting one permit for, operation of one return trip daily on the route in question in favour of respondent No.3 is in clear violation of the Scheme formulated by the State and published in the Government Gazette dated 9.8.1990, and as amended in terms of notification dated 21.10.1997. It has been contended that the entire route in question falls on the National Highway and State Highway and as such, the grant of the permits was to be regulated by the provisions of the Scheme and in the light of the ratio stipulated therein. As per learned State counsel, out of the two regular stage carriage permits for plying two return trips daily on the route in question, only one permit could have been allotted in favour of a private operator and since respondent No.5 Hari Travels Transport Ltd., Patiala had already been granted the regular stage carriage permit on the route in question, the other stage carriage permit could not have been allotted in favour of respondent No. 3 in terms of passing the impugned order dated 27.10.2008, Annexure P4.;