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  RD-P&H 4430 (20 July 2006)
CWP No.10904 of 2006
Date of Decision: 20.07.2006
The Royal Cooperative Transport Society Limited, Amritsar Petitioner
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.
( Jasbir Singh )
July 20, 2006 ( Pritam Pal )
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