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2016 DIGILAW 578 (HP)

Patial Bus Service v. State of Himachal Pradesh

2016-04-27

SANJAY KAROL

body2016
JUDGMENT : Sanjay Karol, J. - In these petitions, specific objection is taken with regard to an equally alternative and efficacious remedy being available to the petitioners. 2. Relevant portion of Section 89 of the Motor Vehicles Act, 1988 reads as under: "89. Appeals. – (1) Any person- (a) aggrieved by the refusal of the State or a Regional Transport Authority to grant a permit, or by any condition attached to a permit granted to him, or ............. ............. ............. may, within the prescribed time and in the prescribed manner, appeal to the State Transport Appellate Tribunal constituted under sub-section (2), who shall, after giving such person and the original authority an opportunity of being heard, give a decision thereon which shall be final." ..... 3. The challenge is laid to the directions dated 27.5.2014 (Annexure P-6) issued by the Principal Secretary (Transport)-cum-Chairman, State Transport Authority, Shimla, wherein the following directions stand issued: "From the date of issuance of these directions: a. the permits which have, or in the future, remain without renewal for a period of three months from the date of their expiry, for any reason whatsoever; or b. the permits, which are, or in the future remain, deposited with the authority that issued them (hereinafter referred to as 'the Authority') for a period of more than six months, for any reason whatsoever; or c. the permits, which are not deposited with the Authority, but the route itself, is or in the future remains, non-operational for a period of more than six months, for any reason whatsoever; shall be placed before the Authority for passing suitable orders under Section 81 or Section 86 as the case may be, of the Motor Vehicle Act, 1988. (2) That the Authority shall thereafter pass appropriate order on the matter after hearing the permit holder. The order so passed shall be a speaking order. Provided that, for each permit which is thereafter renewed, the Authority, shall proceed under subsection 5 of Section 86 of the Motor Vehicle Act, 1988, and recover, not less than Rs. 10,000/- for each month (or part thereof) of delay, over and above three months or six months, as the case may be. This proviso shall not apply to any matter, which is sub-judice. 10,000/- for each month (or part thereof) of delay, over and above three months or six months, as the case may be. This proviso shall not apply to any matter, which is sub-judice. Provided further that, the Secretary of the Authority concerned shall convey to the Government any order covered under this clause, within seven (7) days of passing of such order. (3) It shall be the duty of the Secretary of the Authority concerned, to identify such permits and place them before the Authority, expeditiously. (4) The permits that are cancelled or not renewed by the Authority, in pursuance to these directions, shall be processed for further issuance as fresh permits, subject to completion of all legal formalities in this regard, after a period of thirty (30) days from the date of the order of the Authority". 4. The conditions imposed in terms of the impugned order definitely affect the conditions attached to the permits granted in favour of the petitioners. It fetters the petitioners' right of plying buses in terms of route permits granted to them. 5. The appellate Authority is final fact finding authority and as such it would be only appropriate that the petitioners approach the appellate Authority for adjudication of their grievances in accordance with law. It is assured on behalf of the State that the appeals preferred, if any, by the petitioners, shall be considered and decided in accordance with law expeditiously. 6. As such, on this short ground alone, leaving all issues open, petitions are disposed of reserving liberty to the petitioners to approach the appellate Authority in accordance with law. As and when any such appeals are preferred, the same shall be considered and decided expeditiously, in accordance with law and preferably within a period of two months thereafter. Petitions stand disposed of accordingly, as also pending applications, if any.