High Court Punjab-Haryana High Court

The Dilkhush Co-Operative … vs State Transport Appellate … on 21 October, 2009

Punjab-Haryana High Court
The Dilkhush Co-Operative … vs State Transport Appellate … on 21 October, 2009
CWP No.6001 of 2009                                              [1]

IN THE HIGH COURT OF PUNJAB                      AND HARYANA AT
                CHANDIGARH.



                              C. W. P. No. 6001 of 2009

                              Date of Decision: 21 - 10 - 2009



The Dilkhush Co-operative Transport Society Ltd.       ....Petitioner


                              v.

State Transport Appellate Tribunal, Haryana            ....Respondents
and others


CORAM: HON'BLE MR.JUSTICE KANWALJIT SINGH AHLUWALIA

                              ***

Present:    Mr.H.S.Sawhney, Sr. Advocate with
            Mr.Vikas Singh, Advocate
            for the petitioner.

            Mr.Sanjeev Kaushik, Addl.A.G., Haryana.


                              ***

KANWALJIT SINGH AHLUWALIA, J. (ORAL)

The present writ petition has been filed by Dilkhush Co-

operative Transport Society Ltd., Mamidi District Yamunanagar through its

President Tarsem Singh. It is not disputed that petitioner was granted one

regular stage carriage permit on route No.20 in Yamunanagar district from

Jagadhri to Khizrabad via Buria, Shahzadpur, Jairampur, Devdhar, Bhur

Kalan, under 1993 Scheme. Further this route was extended from Jagadhri

to Khizrabad via Chhachhroli. Case of the petitioner is that a bridge

between Buria and Shahzadpur being in dilapidated condition has become

unmotorable. This fact has also been accepted by counsel for the State.

CWP No.6001 of 2009 [2]

As this Court directed respondent No.5 – Chief Engineer, PWD B&R,

Haryana to file its response. Executive Engineer, Jagadhri Provincial

Division, PWD B&R Yamuna Nagar has filed written statement on behalf

of respondent No.5. It has been admitted in the written statement that route

on which the petitioner had to ply its vehicle, has become unmotorable and

it will take two years to carry out the repairs and do up-gradation of the

road. Taking this fact into consideration that the route has become

unmotorable, petitioner was granted route No.38. This route was granted on

temporary basis till original route No.20 becomes motorable. Petitioner is

aggrieved against the impugned order, Annexure P6 whereby the alternative

route No.38 allotted to the petitioner has been cancelled and he has been

directed to operate on route No.20.

Counsel for the petitioner has relied upon a Division Bench

decision of this Court rendered in Civil Writ Petition No.11560 of 1999,

decided on 14.10.1999, wherein it was held as under:-

“The writ petition is disposed of in the manner indicated

above with the direction that the respondents shall carry out

fresh survey within two months in accordance with the

observations made above and as soon as the Executive

Engineer, Provincial Division, PWD (B&R) Narwana certifies

that the road has become motorable, the temporary permits of

the petitioners shall come to an end. Till then the petitioners

shall be allowed to continue to ply buses on the temporary

route.”

Counsel for the petitioner has also relied upon a Division Bench judgment

of this Court in Civil Writ Petition No.4999 of 2001, titled `The Mor
CWP No.6001 of 2009 [3]

Modern Cooperative Transport Society Limited, Bass and another v. The

State Transport Commissioner, Haryana and another’, Decided on

3.12.2001.

Counsel for the State has admitted that it will take two years

time to construct the bridge as per written statement filed on behalf of

respondent No.5. Taking these facts and circumstances into consideration

and ratio of law and earlier directions given in Annexures P9 and P10, the

present writ petition is disposed of with a direction that petitioner will be

allowed to operate on route No.38 till route No.20 becomes operational.

( KANWALJIT SINGH AHLUWALIA )
October 21, 2009. JUDGE

RC