(N.V. Ramana and Mohan M. Shantanagoudar, JJ.)
M/s. Kartar Bus Service Limited _____________________ Appellant
v.
State Transport Commissioner, Punjab and Others _____ Respondent(s)
Civil Appeal No. 6636 of 2018 [Arising out of S.L.P.(C) No. 14530 of 2014], decided on July 12, 2018
The Order of the court was delivered by
Order
1. Heard learned counsel for the parties.
2. Leave granted.
3. This appeal by special leave is directed against the judgment and order dated February 26, 2014 passed by the Punjab and Haryana High Court in Letters Patent Appeal No. 330 of 2014, whereby the High Court dismissed the same in limine.
4. The order of 11th August, 2004 passed by the State Transport Commissioner, Punjab was the subject matter of challenge before the High Court, where the High Court had modified the order to some extent. The appellant is aggrieved by the said order.
5. This Court, vide order dated 4th July, 2014, while issuing notice, directed to maintain status quo.
6. Today, when the matter came up for hearing before this Court, learned counsel for both the parties agreed that the matter should be remitted back to the State Transport Commissioner, Punjab while setting aside the order passed by him on 11th August, 2004 granting three stage carriage permits for plying three return trips daily on Talwara – Ferozpur via Hajipur, Ghogra, Dasuya, Tanda, Jalandhar, Nakodar, Malsian, Shahkot, Kanwanwala Pattan, Dharamkot, Moga route for a period of five years and the order dated 26.02.2014, passed by the High Court of Punjab and Haryana, at Chandigarh in LPA No. 330 of 2014.
7. Without going into other aspects, we are inclined to remit the matter back to the State Transport Commissioner for reconsideration of the matter, after giving opportunity to all the necessary parties.
8. In view of the agreed position, we direct the State Transport Commissioner to consider all the contentions and subsequent developments, if any, and pass appropriate speaking orders, as expeditiously as possible, preferably within a period of three months from the date of receipt of copy of this order.
9. Status quo granted by this Court on 4th July, 2014 shall continue in the mean while till the disposal of this case before the State Transport Commissioner, Punjab.
10. Therefore, we set aside the orders of the State Transport commissioner, Punjab dated 11.08.2004 as well as order dated 26.02.2014, passed by the High Court in LPA No. 330 of 2014 and the matter is remanded for fresh consideration before the State Transport Commissioner, Punjab. The appeal is, accordingly, disposed of.
11. No order as to costs.
Petition(s) for Special Leave to Appeal (C) No(s). 14530/2014
M/s. Kartar Bus Service Ltd _________________________ Petitioner
v.
State Transport Commissioner Punjab & Ors _________ Respondent(s)
Date : 12-07-2018 This petition was called on for hearing today.
(Before N.V. Ramana and Mohan M. Shantanagoudar, JJ.)
For Petitioner(s) Mr. Rohit Kapoor, Adv.
Mr. Rajesh Sharma, Adv.
Ms. Nidhi Singh Dubey, Adv.
Mr. Shafiq Khan, Adv.
Ms. Shalu Sharma, AOR
For Respondent(s) Ms. Uttara Babbar, AOR
Ms. Bhavana Duhoon, Adv.
Ms. Neelam Kalsi, Adv.
Mrs. Rani Chhabra, AOR
Mr. Chandra Bhushan Prasad, AOR
UPON hearing the counsel the Court made the following
ORDER
12. Leave granted.
13. The appeal is disposed of in terms of the signed order.
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