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 respondent No.2 (State Transport Appellate Tribunal), whereby the appeal filed by the petitioner against the order dated 07.01.2022 (Annexure P-11) passed by the respondent No.3 (State Transport Authority) has been dismissed. The petitioner has also prayed for the issuance of an appropriate writ for the quashing of the order dated 07.01.2022 passed by the respondent No.3, vide which three permits bearing Nos.PB/1/ AITP/TVP/2019/2128, PB2020-AITP-0938A and PB2020-AITP- 0937A of the Contract Carriage Buses of the petitioner- Company have been cancelled ex-parte under section 86 of the MOTOR VEHICLES ACT , 1988 in complete disregard of the provisions of the MOTOR VEHICLES ACT , 1988 and Rules framed thereunder and in transgression of All India Tourist Vehicles (Authorization or Permit) Rules, 2021.

2. The petitioner is a company incorporated under the Companies Act and is engaged in the business of plying contract carriage tourist buses for tourists and NRIs at Amritsar- Indira Gandhi International Airport, New Delhi route on the basis of permit as well as authorization granted to the petitioner under the MOTOR VEHICLES ACT , 1988 and Rules framed thereunder. For the aforesaid purpose, the petitioner has entered into a licence agreement dated 28.02.2020 with the Delhi International Airport Limited (DIAL), under which the petitioner has been granted a licence to set up and manage a bus picking counter for the entire licence terms at Indira Gandhi International Airport, New Delhi.

3. The relevant statute governing the dispute is the MOTOR VEHICLES ACT , 1988 along with the Rules framed thereunder and also the Rules passed by the Central Government from time to time. The Central Government brought into operation the motor vehicles (All India Permit for Tourist Transport Operators) Rules 1993 (hereinafter referred to as 1993 Rules), exercising the powers under Sub Section (14) read with Section (9) of section 88 of the MOTOR VEHICLES ACT , 1988. This was aimed to get over the persistent problem faced by the tourists and NRIs, especially keeping in mind that under the existing scenario, the tourist vehicles, to which, All India Permits were granted under Rule 88 of 1989 Rules, could not carry individual passenger as the vehicle had to be engaged as a whole by one hirer/customer. Sub Sections (9) and (14) of section 88 of the MOTOR VEHICLES ACT , 1988 are reproduced here as under:-

"(9) Notwithstanding anything contained in sub-section (1) but subject to any rules that may be made by the Central Government under sub-section (14), any State Transport Authority may, for the purpose of promoting tourism, grant permits in respect of tourist vehicles valid for the whole of India, or in such contiguous States not being less than three in number including the State