M/S New United Transport Company v. State Of Punjab And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWP No.12748 of 2023 (O&M) Date of Decision: 02.06.2023 M/S NEW UNITED TRANSPORT COMPANY ......Petitioner Vs STATE OF PUNJAB AND OTHERS .....Respondents CORAM: HON'BLE MR. JUSTICE RAJ MOHAN SINGH Present:Mr. Raj Kaushik, Advocate for the petitioner.

**** RAJ MOHAN SINGH, J.(Oral) The petitioner has preferred this writ petition for the issuance of an appropriate writ in the nature of mandamus, directing the respondent No.3 to consider the application dated 10.05.2016 filed by the petitioner for renewal of permit No.141/Reg/SC/F/89 for operation of its bus at Faridkot to Bhagta upto Nathana via Baghapurana.

Learned counsel for the petitioner submits that the aforesaid route permit was issued to the petitioner on the aforesaid route and the route permit was valid upto 01.06.2006. The petitioner applied for renewal of the aforesaid route permit and the same was not considered for want of No Due Certificate.

 The petitioner made representation before the Secretary, Regional Transport Authority for granting exemption on payment of taxes as the vehicle in question remained idle and non-functional due to non-renewal of the route permit in question. The application-cum-representation filed by the petitioner was accepted by the competent authority on 29.03.2023 and exemption was granted from payment of taxes for the period during which the vehicle remained nonoperational. Consequently, No Due Certificate was also issued. On getting the No Due Certificate, the petitioner after getting clearance of taxes made a request to the respondent No.3 on 05.04.2023 for renewal of the permit. Till date the request has not been accepted despite a legal notice dated 22.04.2023 served upon the respondent No.3 by the petitioner. At this stage, learned counsel for the petitioner further submits that the petitioner would be satisfied in case its legal notice dated 22.04.2023 is directed to be considered and decided by the respondent No.3 in accordance with law in a time bound manner.

Notice of motion.

On the asking of the Court, Mr. Sanjeev Soni, Addl. A.G., Punjab accepts notice on behalf of the respondents and

 submits that the legal notice of the petitioner dated 29.03.2023 shall be considered by the competent authority in accordance with law preferably within a period of one month from the date of receipt of certified copy of this order.

Disposed of accordingly.

(RAJ MOHAN SINGH) June 02, 2023 JUDGE Atik Whether speaking/reasoned Yes/No Whether reportable Yes/No