- (1.) KARTAR Bus Service Limited, Jullundur, through Lachhman Singh Thakar, General Manager, has filed this petition under Arts. 226 and 227 of the Constitution of India for the issuance of a writ of certiorari, quashing the order of the Minister for Transport, Punjab Government, respondent No. 1, dated 23rd July, 1968 (copy Annexure 'c' to the petition ).
(2.) THE facts as alleged in the petition are that the petitioner is a limited concern, incorparated in terms of the Indian Companies Act, and has been engaged in the business of providing passenger transport facilities on various routes in the State of Punjab for a number of years. The State Transport Commissioner, Punjab, granted a regular permit to the petitioner-company, after complying with the mandatory provisions of the Indian Motor Vehicles Act (hereinafter refereed to as the Act), valid for a period of three years on Hoshiarpur-Garhshankar-Nurpur route, on September 20,1966. Aggrieved from the grant of permit to the petitioner-company, the Victory Public Hill Motor Transport Company (Private) Limited, Hoshairpur, respondent No. 2, preferred an appeal to the Secretary to Government, Punjab, Transport Department, but the same was dismissed on the ground that respondent No. 2 (appellant) had failed to file objections under Section 57 of the Act within time. Still dissatisfied with the order of the appellate authority, a revision was filed which was allowed by respondent No. 1, vide his order dated 23rd July, 1968 (Annexure 'c' to the petition ). It is this order the legality of which has been challenged by the petitioner on the grounds stated in the petition.
(3.) SEPARATE returns have been filed on behalf of respondent No. 1 as well as on behalf of respondent No. 2 in which the material allegations made in the petition have been controverted, and it has been averred that the impugned order is perfectly legal.;