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RAJ MOHAN SINGH
Indian Canadian Transport Company – Appellant
Versus
State of Punjab – Respondent
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 t
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.
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....
Mini buses are classified as stage carriages entitled to apply for spare permits, ensuring continuity of service under the Motor Vehicles Act.
The central legal point established in the judgment is the adherence to the Motor Vehicle Act, relevant notifications, and the authority's compliance with the legal framework in issuing and cancellin....
Existing holders of saved permits are entitled to renew their permits without distance restrictions until a valid new scheme is enacted, reflecting principles of legal fairness and established judici....
The provisions of Chapter VI of the Motor Vehicles Act, 1988 have an over-riding effect over the provisions of Chapter V and as such, under the provisions to Section 104, only STA or RTA are the comp....
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