High Court of Punjab and HaryanaCWP/1562/2018disposed of

Baldev v. State Of Haryana & ORS

2020-02-05Mr. Justice Harsimran Singh Sethi3 pages

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Date of decision: - 05.02.2020 Baldev ....Petitioner

Versus

State of Haryana and others .....Respondents CORAM : HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI Present:- Mr. Sorabh Rana, Advocate for Mr. S.K. Panwar, Advocate for the petitioner.

Mr. Ankur Mittal, Additional Advocate General, Haryana. **** HARSIMRAN SINGH SETHI , J. (ORAL) Learned counsel appearing for the petitioner states that during the pendency of these writ petitions, the Hon'ble Supreme Court of India passed an order on 21.01.2020 in Civil Appeal Nos.556 of 2020 titled as 'The Haryana Cooperative Transport Society Limited and others Vs. State of Haryana and others', wherein, another opportunity has been given to the applicants to approach the respondents for filing the appropriate applications. The relevant portion of the said order is as under: - "Applications for impleadment/intervention are allowed. Leave granted.

These matters were heard on 13.10.2017 when this Court passed the following order:

-2- "Having heard learned counsel for the parties, the order of status quo is modified to the following extent: a) the respondent-State is at liberty to call for objections and offer hearing to the objectors in respect of the Draft Scheme of 2017 but shall not finalise the same. b) The transporters who are continuing on the basis of 2016 Scheme shall be allowed to operate and if any permit has expired, the same shall be renewed in accordance with law.

If any transporter is eligible to obtain the permit in pursuance of the directions given by the High Court, his case shall be considered and shall not be refused on the ground that a new policy/scheme is coming."

In response to the above order, the State Government has examined the matter at the highest level and it is stated across the Bar by the counsel for the State that the State Government has decided to withdraw the Draft Scheme of 2017 and all the dispensations afforded under that Scheme. In other words, the Draft Scheme of 2017, which was the subject matter of challenge in the present proceedings stands completely nullified. We accept this statement.

The State Government has sought permission to take lawful, permissible action under Section 102 of the Motor Vehicles Act, 1988 to cancel or modify the State Carriage Scheme 2016 by following the prescribed procedure under the law in order to remove all the defects therein.

We find no reason to refuse this permission. The State Government may proceed in the matter in accordance with law after giving due opportunity to all concerned. In view of the statement made on behalf of the State Government, referred to above, which we have accepted, nothing remains for consideration in these appeals. However, we make it clear that all future actions be proceeded in accordance with law. The appellant(s)/applicant(s) or any other eligible person will be free to make application(s) to the concerned authority, if already not made, for registration and for grant of permit within one

-3week from today, and if so made, the competent authority may consider the same as per law expeditiously and in any case before 20th March, 2020.

If the appellants(s)/applicant(s) are aggrieved by any decision taken by the competent authority, it will be open to them to pursue such other remedies as may be permissible in law including under Section 100(2) of the Motor Vehicles Act, 1988. In view of the above, nothing survives for consideration in these appeals. Accordingly, the appeals and pending applications, if any, are disposed of."

Learned counsel for the petitioner states that in pursuance to the above order passed by the Hon'ble Supreme Court of India, petitioner has already filed an application on 27.01.2020, which is pending consideration with the respondents.

Learned counsel for the respondents very fairly states that in case any application has been filed by the petitioner in pursuance of the order passed by Hon'ble Supreme Court of India, the appropriate order will be passed within a period of six weeks from the date of receipt of certified copy of this order.

Keeping in view the above, learned counsel for the petitioner states that the grievance of the petitioner has been redressed and he does not want to press this writ petition any further and the same may be disposed of as not pressed.

Ordered accordingly.

( HARSIMRAN SINGH SETHI ) February 05, 2020 JUDGE naresh.k Whether reasoned/speaking?

Yes Whether reportable?