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THE ROYAL COOPERATIVE TRANSPORT SOCIETY versus STATE TRANSPORT APPELLATE TRIBUNAL, PUNJ

High Court of Punjab and Haryana, Chandigarh

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The Royal Cooperative Transport Society v. State Transport Appellate Tribunal, Punj - CWP-10904-2006 [2006] RD-P&H 4430 (20 July 2006)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CWP No.10904 of 2006

Date of Decision: 20.07.2006

The Royal Cooperative Transport Society Limited, Amritsar Petitioner

versus

State Transport Appellate Tribunal, Punjab and others Respondents

CORAM:- HON'BLE MR. JUSTICE JASBIR SINGH
HON'BLE MR. JUSTICE PRITAM PAL

Present: Shri G.S.Chahal, Advocate for the petitioner Jasbir Singh, J. (Oral)

By filing this writ petition, petitioner has prayed for issuance of a writ of mandamus, to the effect that alongwith other applicants, (whose appeals were accepted and the matter was remitted for a fresh decision), application of the petitioner, for grant of stage carriage permit, be also considered by the Regional Transport Authority, Jalandhar.

It is not in dispute that when order was passed by the Regional Transport Authority on 29.10.2004, declining prayer of the petitioner, no appeal was filed by the petitioner against that order. Some other applicants, dis-satisfied with that order, filed appeals, matter was dealt with by the Tribunal and vide order dated 1.2.2006, the case was remitted to respondent No.3, for fresh decision. At this stage, the present writ petition has been filed. This Court feels that as the petitioner has accepted the order passed by the Regional Transport Authority and has failed to challenge the same, qua it, order has become final. In view of ratio of the judgment of Hon'ble Supreme Court in Cumbum Roadways (P) Ltd. V. Somu Transport (P) Ltd., AIR 1966 Supreme Court 1366, no case is made out for interference.

Dismissed.

( Jasbir Singh )

Judge

July 20, 2006 ( Pritam Pal )

gk Judge


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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