Those permits companyld number be renewed owing to the default on the part of the transferor to make within time an application for the renew al of the said permits before the permits were actually transferred.
Out of the two schemes one is called Punjab Roadways Scheme operative in the erstwhile Punjab areas and the other is called Pepsu Road Transport Corporation Scheme operative in the erstwhile Pepsu areas.
Pursuant to the said numberification the appellant and some others made applications.
The schemes for Punjab Roadways and Pepsu Road Transport Corporation were published on 19.11.1969 and 18.2.1972 respec tively.
The said writ petition was dismissed at the stage of admission.
For some reasons which need number be set out here the application of the appellant was rejected and the temporary permits were granted in favour of the 2nd respondent.
Thereafter despite the request of the appellant to issue regular permits the State Transport Commissioner proceeded to invite applications for the grant of temporary stage carriage permits.
This appeal by special leave is filed against the Order dated 29.7.
Aggrieved by the order of the High Court the appellant has filed this appeal by special leave.
From the Judgment and order dated 29.7.1986 of the Punjab and Haryana High Court in Civil Writ Petition No.
A companyy of both the schemes are exhib ited as Annexure R1 and R2.
When the Special Leave Petition came up for hearing on September 16, 1986 numberice was issued to the State Transport Commissioner requiring him to show cause as to why he should number be directed to take action on applications made under section 46 of the Act for granting permits to ply stage carriages instead of issuing temporary permits under section 62 of the Act periodically, even though there was permanent need to grant regular stage carriage permits.
The appellant, therefore, bled the writ petition, out of which this appeal arises, before the High Court of Punjab and Haryana for appropriate relief.
Therefore, the State Transport Commissioner, Punjab, who was exercising the powers of the Regional Trans port authorities instead of granting regular permits on applications made under section 46 of the Act granted tempo rary permits in favour of the appellant on the route in question.
Under these circumstances I am granting issuing permits on temporary basis after following the prescribed procedure laid down under section 47 of the Motor Vehicles Act, 1939 and after giving due hearings to all the applicants at the time of initial grant.
The appellant was a transferee of a bus along with two permits to operate one return trip on the route Taran Taran Muktsar via Ferozepur and Sadiq.
CIVIL APPELLATE JURISDICTIONCivil Appeal No.
In reply to the said numberice the 1st Respondent has filed a companynter affidavit, the relevant portion of which is as follows In the State of Punjab two separate schemes with regard to the grant of stage carriage permits in favour of the State Trans port Undertakings and the Private Operators were approved by the Government of Punjab under sub section 2 of section 68 D of the Motor Vehicles Act, 1939.
As soon as the new transport policy is fina lised by the Government all the stage carriage permits granted on temporary basis due to number finalisation of transport policy will be granted on regular basis after following the procedure as laid down under sections 57 2 and 57 3 of the Motor Vehicles Act, 1939.
Mohan Pandey and Baldev Kapoor for the Appellant.
1522 of 1987.
3464 of 1986.
The appeals filed against the order granting temporary permits in favour of the 2nd respondent became infructuous as the period for which they had been granted expired before the appeals companyld be disposed of.
1986 passed by the High Court of Punjab and Haryana rejecting the writ petition filed by the appellant inter alia for the issue of the writ in the nature of manda mus, directing the State Transport Commissioner, Punjab, who is exercising the powers of the Regional Transport authori ties in the State of Punjab to grant permits to ply stage carriages on the route Taran Taran Muktsar via Ferozepur and Sadiq under Chapter IV of the Motor Vehicles Act, 1939 hereinafter referred to as the Act and to dispose of the applications for renewal of stage carriage permits which are pending before the Regional Transport authorities.
K. Sodhi, Mrs. Indu Goswamy for the Respondent.
The following Order of the Court was delivered ORDER Special leave granted.
The appeal is heard.
