New Punjab Service Transport Service v. State Of Punjab And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWP No.12769 of 2023 (O&M) Date of Decision: 02.06.2023 NEW PUNJAB SERVICE TRANSPORT SERVICE ......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 respondents No.3 and 4 to grant regular timings to the petitioner for the operation of its bus.

Learned counsel for the petitioner submits that the route permit was granted to the petitioner on the route Jalandhar to Ferozepur via Nakodar, Shahkot, Dharamkot. Due to non-issuance of the time table on the route in question, the bus of the petitioner became non-operational thereby causing financial loss to the petitioner. The route permit was issued by the Secretary, Regional Transport Authority, Jalandhar but the

operation of time table is to be approved and finalized by the Secretary, Regional Transport Authority, Ferozepur. Due to his overlapping phenomenon, the petitioner made request to both the respondents No.3 and 4.

In CWP No.4236 of 2022, the Principal Secretary of the Department of Transport, Punjab while appearing in-person assured the Court that in future the time table relating to operation of buses shall be issued in advance i.e. before expiry of the validity of previous time table. It was also assured that the transporters will not be bothered to come to the Court for any inaction on the part of the Department. In the said case, even directions were issued to the authorities to grant provisional time table within a period of seven days and also to frame and finalize the regular time table in further eight weeks thereafter. The grievance of the petitioner is that despite the aforesaid factual matrix available on record, the petitioner has not been included in the time table. Non-grant of timings to the petitioner is prejudicial to the interest of the petitioner. Precisely for the grievance in question, the petitioner has also moved a representation dated 30.03.2023 to the respondents and the same has not been attended to till date.

 At this stage, learned counsel for the petitioner further submits that the petitioner would be satisfied in case his legal notice dated 30.03.2023 is directed to be considered and decided by the respondents No.3 and 4 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 30.03.2023 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