Rakesh Kumar v. State Of Haryana And Others

In The High Court for the States of Punjab and Haryana At Chandigarh CWP-7565-2020 (O&M) Date of Decision:-16.6.2020 Rakesh Kumar ... Petitioner

Versus

State of Haryana and others ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL

Present:

Mr. Amit Jhanji, Advocate for the petitioner. (the aforesaid presence is being recorded through video conferencing since the proceedings are being conducted in Virtual Court) ***** GURVINDER SINGH GILL, J.(Oral) 1.

The petitioner has approached this Court seeking issuance of a writ in the nature of certiorari for quashing of impugned order dated 15.5.2020 (Annexure P-17) and for considering his case for grant of route permit as applied for by him vide application dated 27.1.2020 (Annexure P-12). 2.

The learned counsel for the petitioner has submitted that the allotment of stage carriage permits is governed by the policy dated 17.2.2017 (Annexure P-1) (referred to as policy of 2016) notified by the State of Haryana . The learned counsel for the petitioner has submitted that although the said policy was challenged by certain persons in this Hon'ble High Court by way of filing a writ petition, but subsequently the said writ petition was disposed of on 16.5.2017, wherein the State was directed to frame a fresh scheme and it

( 2 ) CWP-7565-2020 (O&M) was further directed that till the same is framed, the earlier policy dated 17.2.2017 (Annexure P-1) would continue.

3.

The said order of this Court was challenged by way of filing Special Leave Petition in the Hon'ble Supreme Court, wherein the order passed by this Court was initially stayed. However, subsequently when the State made a representation that they are going to withdraw the draft policy dated 20.6.2017 (Annexure P-4) and that they would modify or amend the policy of 2016 in accordance with law, the Special Leave Petition was disposed of vide order dated 20.1.2020 (Annexure P-10) while directing that the persons intending to apply for allocation of route permits may apply within a period of one week and that the same would be duly considered by State Government in accordance with law as per the policy of 2016. 4.

The learned counsel for the petitioner has submitted that pursuant to the said order dated 20.1.2020 (Annexure P-10) passed by Hon'ble the Supreme Court, he submitted the application dated 27.1.2020 (Annexure P-12) for allotment of a permit to ply a bus between Jind to Panipat. However, despite the fact that the said application was made within the stipulated time, the same has not been considered till date. The learned counsel has further submitted that although he made a representation (Annexure P-14) in this regard, but no order has been passed thereupon. 5.

Having heard the learned counsel for the petitioner, the petition is disposed of with a direction to respondent No.2-The Transport Commissioner, Haryana, Chandigarh to look into the matter and to consider the representation (Annexure P-14) and to dispose of the same in accordance with law expeditiously preferably within a period of two months from today.

6.

At this stage, Ms. Upasna Dhawan, AAG, Haryana, has appeared on behalf of the respondent-State.

7.

The learned State counsel is requested to furnish a copy of this order to respondent No.2-The Transport Commissioner, Haryana, Chandigarh today itself so as to enable him to do the needful. 16.6.2020 ( Gurvinder Singh Gill ) pankaj Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No