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RAJ MOHAN SINGH
Indian Canadian Transport Company – Appellant
Versus
State of Punjab – Respondent
| Table of Content |
|---|
| 1. writ petition for certiorari filed against cancellation of permits. (Para 1 , 2) |
| 2. definitions of contract carriage vs. stage carriage. (Para 3 , 7 , 8 , 9) |
| 3. motor vehicles act and rules governing tourist transport permits. (Para 4 , 5 , 6 , 10) |
| 4. 2021 rules allow individual passengers; not limited to specified circuit. (Para 12 , 13 , 14 , 15 , 16) |
| 5. petitioner's appeal dismissed for alleged misuse of permits. (Para 17 , 18) |
| 6. comparison of 1993 and 2021 rules on tourism operations. (Para 19 , 20) |
| 7. arguments presented by the state counsel opposing petition. (Para 21 , 22) |
| 8. petitioner argues for validity of permits under the new rules. (Para 23 , 24 , 25) |
| 9. clarification on evidence against the petitioner and contract conditions. (Para 27 , 28 , 29) |
| 10. court's discretion regarding allegations of forgery irrelevant in this context. (Para 30 , 31) |
| 11. court's final decision to restore permits. (Para 32) |
JUDGMENT
Mr. Raj Mohan Singh, J.
The petitioner has preferred this writ petition under Article 226/227 of the Constitution of India for the issuance of an appropriate writ in the nature of certiorari, quashing the order dated 27.04.2022 (Annexure P-17) passed by the
Tourist Vehicles with All India Permits must operate as Contract Carriages, prohibiting them from functioning as Stage Carriages by picking up or dropping off passengers enroute.
The distinction between contract and stage carriages prevails, as any contract carriage used to pick up individual passengers is deemed a stage carriage, violating permit conditions.
Special area permits granted under a scheme formulated by the State Government can authorize public service vehicles to operate as contract carriages without violating statutory provisions.
The court upheld the validity of vehicle permit conditions as per statutory rules, rejecting challenges against the age limit for replacement and confirming adherence to the applicable Motor Vehicles....
Suo motu applications for stage carriage route permits impermissible without prior route notification and publication; authorities must strictly adhere to procedural rules and binding precedents to p....
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