J.S. Khehar, J. - (1.) The petitioner - M/s. United Bus Service Regd., is engaged in the business of passenger transport in the State of Punjab. The petitioner was granted two regular stage carriage permits with one return trip daily on the Patiala - Nawanshahar via Ropar route by the State Transport Commissioner, Punjab (exercising the powers of the Regional Transport Authority) on 16.8.1991. The State Transport Appellate Tribunal, Punjab (hereinafter referred to as the Appellate Tribunal) set aside the order by which the aforesaid permits were granted to the petitioner on 17.5.2004. The effort of the petitioner through the instant writ petition is to have the aforesaid permits restored to it. The facts leading up to the present controversy are being narrated hereunder.
(2.) The existing passenger transport services were found to be insufficient. The State Transport Commissioner, Punjab, accordingly, invited applications for the grant of six regular stage carriage permits with three return trips daily on the Patiala - Nawanshahar via Ropar route, through a notice published in the Motor Transport Gazette Weekly, Chandigarh, dated 8.6.1988.
(3.) In all, 31 applications were received in furtherance of the notice dated 8.6.1988. On 25.12.1988, four regular stage carriage permits with two return trips daily were issued for the aforesaid route. Out of these, two regular stage carriage permits with one return trip daily, were granted to Dev Raj son of Banta Ram (out of the scheduled castes quota), and two regular stage carriage permits with one return trip daily, were granted to the Pepsu Road Transport Corporation. It is, therefore apparent, that the State Transport Commissioner, Punjab, chose not to allot two regular stage carriage permits with one return trip daily, in furtherance of the notice dated 8.6.1988.;