Pepsu Road Transport Corporation Patiala vs State of Transport Commissioner, Punjab, Chandigarh and Others

A.L. Bahri and N.K. Kapoor, JJ.—M/s Sidhu Road Lines Registered, Patiala-Respondent No. 2 holding a regular permit with two return trips daily on Patiala-Ghuram route, applied for the grant of regular extension of permit up to Jalkheri the Petitioner-Pepsu Road Transport Corporation, Patiala raised objections to the grant of such extension when application was advertised. The State Transport Commissioner, Punjab exercising the powers of the Regional Transport Authority, Patiala, Jalandhar and Ferozepur vide order dated June 11, 1993 granted the relief. The Pepsu Road Transport Corporation, Patiala, has filed the present writ petition challenging the aforesaid order in this Court as at present no State Transport Appellate Tribunal has been constituted. The present Petitioner, to our mind, has no legal right to challenge the order. The Petitioner could not file an appeal against the impugned order dated June 11, 1993 before the Appellate Tribunal u/s 89 of the Motor Vehicles, Act. Such power is only given to a person who had laid claim to the permit and had been refused. The case of the Petitioner is not covered by Clauses (a) to (g) of Section 89 of the Act. Thus, he has no locus standi to file the present writ petition and the same is dismissed.