High CourtsSingle Bench(2024) 03 P&H CK 0030

Shaminder Kaur And Others vs Secretary To State Of Punjab And Others

Punjab And Haryana At Chandigarh · Decided on 6 March 2024

HON’BLE JUDGES
Vikas Bahl, J
RESULT
Dismissed
CASE NUMBER
Civil Writ Petition No. 84, 150, 158 Of 2024

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Judgment

7 paragraphs · 312 words

Vikas Bahl, J

1.

This order will dispose of above-said three writ petitions and the prayer in all the said petitions is for issuance of an appropriate writ, especially in the nature of mandamus directing respondent No.3 to immediately frame and approve/allot the timetable to petitioners' vehicle.

2.

Learned State counsel, on instructions from Rahul Sharma, SLA, Office of the State Transport Commissioner, Punjab, has submitted that the timetable dated 28.02.2024 has been framed and a copy of the same has been handed over to learned counsel for the petitioner. It is further submitted that the said timetable dated 28.02.2024 has been implemented by the Secretary, State Transport Authority.

3.

Learned counsel for the petitioner has submitted that the timetable so framed is not a regular time table and the same has been framed in the absence of the petitioners without giving any opportunity of hearing to the petitioners and without verifying the documents of the valid permit holders. It is further submitted that it is not possible for the petitioners to operate the bus on the present timetable/adjustment. It is also submitted that in the said situation, the respondents are not entitled to recover the tax also.

4.

Learned State counsel has submitted that against the said timetable framed, the appeal is maintainable and with respect to the above said points, if the petitioners so desire, they can raise the same before the appellate authority.

5.

Learned counsel for the petitioners, in view of the above, seeks to withdraw the present writ petitions with liberty to file the appeal against the impugned action of the respondent authorities with liberty to raise all the points, which have been raised in the present writ petitions and are available to the petitioners in the said appeal.

6.

In view of the above, the present writ petitions are dismissed as withdrawn, with the aforesaid liberty.