Bhuria Ram v. Stat Punjab & ORS

KUMAR MANOJ 2016.02.27 10:00 I attest to the accuracy and integrity of this document CWP No.3587 of 2016 #1#

IN THE HIGH COURT FOR THE STATES OF PUNJAB AND

HARYANA AT CHANDIGARH CWP No.3587 of 2016 Date of Order: 23.02.2016 Bhuria Ram ....Petitioner

Versus

State Transport Appellate Tribunal, Punjab and Anr.

...Respondents

CORAM: HON'BLE MR. JUSTICE RAKESH KUMAR JAIN

Present:

Mr. P.S. Bawa, Advocate for the petitioner.

RAKESH KUMAR JAIN, J This petition is filed to challenge order dated 03.02.2010 passed by respondent No.2 and order dated 15.12.2014 passed by respondent No.1.

The petitioner was holding Permit No.282/Reg/M/96 on Sardulgarh to Moga route to operate Mini Bus, which had expired on 26.09.2006. He made an application for its renewal on 13.09.2006 but the same was rejected by respondent No.3 on 03.2.2010 against which he filed appeal after four years, which was dismissed on 15.12.2014 on the ground of delay and hence the present petition.

Learned counsel for the petitioner has submitted that the Appellate Court should have taken a lenient view in condoning the delay.

CWP No.3587 of 2016 #2# I have heard learned counsel for the petitioner and perused the paper book.

The impugned order was passed on 03.02.2010 and appeal was filed on 12.8.2014 i.e after delay of 04 years and 06 months. It is observed by the Appellate Court that the representative of the petitioner was present on the day, when the order was passed but before that he did not appear before the Authority despite various notices. No plausible reason has been given by the petitioner for condoning the delay by Appellate Court and as such no interference is warranted in this petition.

Dismissed.

February 23, 2016 (RAKESH KUMAR JAIN) manoj JUDGE