JUDGEMENT
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(1.) The Punjab Roadways, Chandigarh, through its General
Manager has filed the instant writ petition challenging the order dated
2.6.2004, passed by the State Transport Appellate Tribunal, Punjab,
Chandigarh (hereinafter referred to as 'the Appellate Tribunal'), whereby
one regular regular stage carriage permit with one return trip daily on
Ropar-Chandigarh via Kakron route (hereinafter referred to as 'the route in
question') has been granted in favour of Kharar Transport Company (Regd.),
Kharar, respondent No.1 herein.
(2.) In the present case, the State Transport Commissioner, Punjab,
exercising
the powers of Regional Transport Authority, Patiala (hereinafter
referred to as 'the STC'), in its meeting held on 8.12.1976, granted one
temporary stage carriage permit for plying one return trip daily on the route
in question each in favour of the Punjab Roadways, Chandigarh and the
Ambala Bus Syndicate Pvt. Ltd., Ropar. But these permits were not lifted by
both the grantees. Thereafter, these permits were allotted from time to time
on temporary basis.
(3.) The system of issuing temporary stage carriage permits on the
routes continued till 27.7.1987, when the Supreme Court in its judgment in
Civil Appeal No. 1522 of 1987 arising out of SLP (Civil) No.8847 of 1986
ordered the cessation of all temporary permits and directed the grant of
regular stage carriage permits on all those routes where the need of the
travelling public is of permanent nature.;
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