CWP No.17734 of 2003 [1]
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH.
C. W. P. No. 17734 of 2003
Date of Decision: 10 - 12 - 2008
The Bhiwani Navyuva Cooperative Transport ....Petitioner
Society Ltd., Bhiwani
v.
State of Haryana and others ....Respondents
CORAM: HON'BLE MR.JUSTICE KANWALJIT SINGH AHLUWALIA
***
Present: Mr.Baldev Kapoor, Advocate
for the petitioner.
Mr.Suresh Monga, Addl.A.G., Haryana
for the respondents.
***
KANWALJIT SINGH AHLUWALIA (ORAL)
By this common order, three writ petitions being Civil Writ
Petition Nos.17734, 11697 of 2003 and 3485 of 2004 can be decided
together. For facility of reference, facts are being taken from Civil Writ
Petition No.17734 of 2003.
Grievance of the petitioner in the present case is that 22 permits
on Hansi to Barwala via Chaineth, Bhatla route were to be granted on the
basis of draw of lots and a public notice to this effect was issued on
24.7.2003. Aggrieved against the same, present writ petition was filed. On
29.7.2003, following order was passed by a Co-ordinate Bench of this Court
CWP No.17734 of 2003 [2]
in Civil Writ Petition No.11697 of 2003:-
“Inter-alia contends that there could not be grant of stage
carriage permit by draw of lots. In support of his contention
aforesaid, learned counsel relies on Division Bench judgment
in Rajni Bala Das vs. Regional Transport Authority, Cuttack
and others, AIR 2003 Orissa 28.
Notice of motion for 15.9.2003.
Stay draw of lots stated to be fixed for 30.7.2003.
Copy of this order be given dasti under the signatures of
Special Secretary of this Court.”
Since then, proposal to allot permits on the basis of draw of lots was not
given effect to.
It has not been disputed before me by Mr.Monga that Transport
Department is coming up with a new policy shortly. Since there has been
stay in favour of the petitioner since the year 2003 and five years are going
to elapse, another six months will cause no difference.
Mr.Monga on instructions from Mr.O.P.Arya, Superintendent,
Office of Transport Commissioner, Haryana state that new policy is likely to
be announced within six months. Therefore, the present writ petitions are
disposed off with a direction to the respondents that draw of lots be not
given effect till the new policy is announced. However, in case the
respondents come up with a policy that permits shall be allotted by draw of
lot, the petitioners will be at liberty to challenge the same.
( KANWALJIT SINGH AHLUWALIA )
December 10, 2008. JUDGE
RC