M/S Indo Canadian Transp. Co vs State Transport Appellate … on 13 February, 2009

    IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                  CHANDIGARH

                                     C.W.P NO. 2396 OF 2009
                                     DECIDED ON : 13.02.2009

M/S Indo Canadian Transp. Co.
                                                  ...Petitioner
               versus

State Transport Appellate Tribunal
and another
                                                  ...Respondents

CORAM : HON'BLE MR. JUSTICE SURYA KANT


Present : Mr. M. S. Khera, Senior Advocate with
          Mr. Dharminder Singh, Advocate,
          for the petitioner.


SURYA KANT, J. (ORAL)

Notice of motion.

Mr. G. S. Attariwala, Additional AG, Punjab, accepts

notice.

In view of the nature of order which I propose to pass,

there is no necessity to call upon the counter affidavit of the

respondents.

The petitioner’s grievance is that it has submitted the

drawings for a 30 + 2 seats Tourist AC Buses on Chasis of TATA

LPO 1616. However, no decision regarding sanction thereof is

taken by the State Transport Commissioner, who is the

Competent Authority.

It may be mentioned here that when the petitioner

submitted the drawings, the State Transport Commissioner,

Punjab, vide his memo/letter dated 23.07.2008 (Annexure P-3),

directed the petitioner to submit the same on film paper along
C.W.P NO. 2396 OF 2009 -2-

with the Sales Certificate. The petitioner immediately complied

with the same on 28.07.2008 (Annexure P-4). The petitioner’s

application, however, was then turned out on 20.08.2008 without

assigning any reason. The petitioner then preferred an appeal

under Section 89 of the Motor Vehicles Act, 1988, which was

allowed by the State Transport Appellate Tribunal, Punjab, vide

its order dated 06.10.2008 and a direction was issued to the

State Transport Commissioner to consider the matter afresh by

passing a speaking order within one month.

The record further reveals that though a personal

hearing was given to the petitioner on 10.11.2008 (Annexure P-

10), however, no final decision has been taken and/or

communicated to the petitioner so far.

In these circumstances, I deem it appropriate to

dispose of this writ petition with a direction to the State

Transport Commissioner, Punjab, to take a final decision within

one month from today. Mr. G. S. Attariwala, Additional AG,

Punjab undertakes to inform the State Transport Commissioner,

Punjab. A copy of the decision to be taken by the State Transport

Commissioner shall be provided to the petitioner within three

days from the date of decision.

Copy of the order be given dasti on payment of usual

charges.

FEBRUARY 13, 2009                               (SURYA KANT)
shalini                                             JUDGE