- (1.) Pepsu Road Transport Corporation, Patiala (hereinafter referred to as 'PRTC') has filed this writ petition under Articles 226/227 of the Constitution of India, challenging the order dated 12.5.2005, passed by the State Transport Appellate Tribunal, Punjab (hereinafter referred to as 'the STAT'), whereby the revision filed by respondent No.1 against the order passed by the Additional State Transport Commissioner, Punjab, exercising the powers of the Regional Transport Authority, Patiala (hereinafter referred to as 'the RTA'), has been allowed and the application filed by respondent No.1 for curtailment and diversion of Patiala-Sehra via Jhill, Baran Majri, Rasulpur, Aakar, Aakri route has been allowed and the RTA has been directed to issue revised permit to respondent No.1.
(2.) We have heard counsel for the parties and gone through the order passed by the RTA and the impugned order.
(3.) In the present case, respondent No.1 was holding a Mini Bus permit No. 773/MB/R/2000 for plying four return trips daily on Patiala- Sehra via Jhill, Baran Majri, Rasulpur, Aakar, Aakri route. He filed an application under Section 80 (3) of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act') for the grant of regular diversion of his said route to operate it via DCW, Urban Estate, Bahadurgarh instead of going via Jhill, Baran, Majri and Rasulpur. The said application was processed as per the rules and survey of the existing route as well as the proposed diversion was got conducted from the District Transport Officer, who recommended that the proposed diversion is 12.8 Kms. and curtailment is 10.1 Kms. in single length. The objections were invited by publishing a notice in the Motor Transport Gazette Weekly Chandigarh. In response thereto, PRTC (petitioner herein) filed objections to the proposed diversion.;