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2013 Supreme(P&H) 504

Augustine George Masih
Ludhiana Motor Finance Co. Pvt. Ltd. , Ludhiana – Appellant
Versus
State Transport Appellate Tribunal, Punjab, Chandigarh – Respondent


Advocates:
For the Petitioner:Mr. Baldev Kapoor, Advocate.
For the Respondent Nos.1 & 2: Mr. I.P. Goyat, Addl. A.G. Punjab.
For the Respondent No.3:Mr. Sumeet Mahajan, Senior Advocate with Mr. Amit Kohar, Advocate.

JUDGMENT

Mr. Augustine George Masih, J. (Oral):- Through this writ petition, petitioner is challenging the order dated 29.11.2012 (Annexure P-6) passed by the State Transport Appellate Tribunal, Punjab dismissing the revision petition preferred by the petitioner against the order dated 22.7.2011 (Annexure P-5) passed by the State Transport Commissioner, Punjab-respondent No.2 directing the petitioner to surrender permit Nos.38/23 to 25, 1077/SC-71 and 2033/SC-74 to the Secretary, Regional Transport Authority, Jalandhar with a further direction to this authority to issue regular permits to Hoshiarpur Express Transport Co.Ltd.Hoshiarpur-respondent No.3.

2. Counsel for the petitioner contends that the impugned orders dated 29.4.2012 (Annexure P-6) and 22.7.2011 (Annexure P- 5) cannot sustain as the directions issued therein are in violation of Sections 70, 72 and 82 of the Motor Vehicles Act, 1988 (hereinafter referred to as 1988 Act). Referring to Section 2(31), 2(40) and 2(47) of the 1988 Act, it is contended that permit can only be transferred if it is a stage carriage vehicle. In the absence of any stage carriage vehicle, no permit can be transferred. At present, petitioner is ope


















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