Gurbinder Singh v. The Learned State Transport Appellate Tribunal Punjab And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of Decision : February 26, 2026 GURBINDER SINGH -PETITIONER V/S THE LEARNED STATE TRANSPORT APPELLATE TRIBUNAL, PUNJAB AND OTHERS -RESPONDENTS

CORAM:

HON'BLE MR. JUSTICE KULDEEP TIWARI

Present:

Mr. Satinderpal Singh Dhanesar, Advocate for the petitioner.

Mr. Saurav Verma, Addl. A.G., Punjab, with Mr. Sahil R. Bakshi, A.A.G., Punjab.

Mr. Ravi Singh, Advocate for the respondent No.5.

Mr. Goldy Jakhar, Advocate for the respondent No.6.

*** KULDEEP TIWARI, J. (ORAL) 1.

Through the instant writ petition, the petitioner assails the administrative order dated 09.12.2021 (Annexure P-2), whereby his application for the grant of a four stage carriage permit was rejected by the Secretary, Regional Transport Authority, Faridkot (respondent No.3). The petitioner further challenges the order dated 30.07.2025 (Annexure P-1), whereby the State Transport Appellate Tribunal (respondent No.1) dismissed his appeal preferred under Section 89 of the Motor Vehicles Act, 1988.

2.

On the previous date of hearing, i.e. 11.12.2025, this Court had passed the following order:-

"Learned counsel for the petitioner, while referring to an order dated 20.11.2025, passed by this Court in CWP-25693-2025 (Simranjit Kaur Dhaliwal Vs. State Transport Appellate Tribunal and others), submits that the Secretary, Regional Transport Authority, Faridkot-respondent No.3, has passed the impugned order dated 09.12.2021 (Annexure P-2), without any jurisdiction. Notice of motion.

Mr. Sahil R. Bakshi, learned Assistant Advocate General, Punjab, accepts notice on behalf of respondents No.1 to 4, and waives service. He prays for a short accommodation to have apt instructions from the quarter concerned, and also to file reply, if any.

Upon furnishing requisite process fee, notice be issued to respondents No.5 and 6, for 26.02.2026.

Process dasti, as well.

To be shown in the urgent list.

It is made clear that, on the subsequent date of hearing, no request for adjournment would be entertained on behalf of either side."

3.

Pursuant to the order extracted hereinabove, the learned State counsel has, upon instructions from Ms. Tushita Gulati, Secretary, Regional Transport Authority, Ferozepur, informed this Court that the competent authority has reviewed the entire matter and has decided to reconsider the case afresh, including the petitioner's application for grant of a four stage carriage permit on the route in question. It is submitted that the matter shall be reconsidered and decided within a period of four weeks by the competent authority, namely, the State Transport Commissioner, Punjab (respondent No.2).

4.

In light of the foregoing, the impugned orders are set aside and the matter is remanded to the State Transport Commissioner, Punjab, for fresh adjudication within the stipulated period of four weeks, in

terms of the undertaking furnished before this Court. Needless to say, fresh decision shall be taken after providing all concerned parties a reasonable opportunity of hearing.

5.

Respondents No.5 and 6 are at liberty to file an appropriate application before the authorities seeking permission to operate their buses in accordance with the permits issued to them, until the final decision is rendered by the State Transport Commissioner, Punjab. 6.

Disposed of accordingly.

(KULDEEP TIWARI) February 26, 2026 JUDGE devinder Whether speaking/reasoned :

Yes/No Whether Reportable :

Yes/No