\210ITEM NO.21 COURT NO.1 SECTION XVIA

S U P R E M E C O U R T O F I N D I A

RECORD OF PROCEEDINGS

I.A. Nos.1-2 in and

Petition(s) for Special Leave to Appeal (Civil)....../2005

(CC 11524/2005)

(From the judgement and order dated 23/11/2005 in WPO No.458/2003

of The HIGH COURT OF JAMMU & KASHMIR AT SRINAGAR)

PEOPLE’S WELFARE SOCIETY & ANR. Petitioner(s)

VERSUS

COMMNR., TRANSPORT DEPARTMENT & ORS. Respondent(s)

(For permission to file SLP, permission to file additional documents,

exemption from filing O.T., prayer for interim relief and office report)

With S.L.P. (C) No.25441 of 2005

(With appln.(s) for impleadment, prayer for interim relief and office report)

S.L.P. (C) No.25702 of 2005

(With appln.(s) for exemption from filing c/c of the impugned judgement

and prayer for interim relief)

Date: 16/12/2005 These Petitions were called on for hearing today.

CORAM :

HON’BLE THE CHIEF JUSTICE

HON’BLE MR. JUSTICE C.K. THAKKER

HON’BLE MR. JUSTICE DALVEER BHANDARI

For Petitioner(s) Mr. Mukul Rohtagi,Sr.Adv.

In SLP..CC 11524/05: Mr. E.C. Agrawala,Adv.

Mr. Mahesh Agarwal,Adv.

Mr. Rishi Agrawal,Adv.

In SLP 25441/2005: Mr. R.K. Jain,Sr.Adv.

Ms. Purnima Bhat,Adv.

In SLP 25702/2005: Mr. M.L. Bhat,Sr.Adv.

Ms. Purnima Bhat,Adv.

For Respondent(s)

UPON hearing counsel the Court made the following

O R D E R

S.L.P. (C) No......./2005 (CC 10656/2005), filed against the o

rder

dated 27th October, 2005, and S.L.P. (C) No....../2005 (CC 10442/2005), as

per

.

..2/-

- 2 -

Office Report dated 15th December, 2005, are listed for 21st April, 2006. In

these petitions, the challenge is also to the order dated 23rd November, 2005,

partially modifying the order dated 27th October, 2005. It would be

appropriate if these petitions are adjourned to be heard along with S.L.P.

(C) No......./2005 (CC 10656/2005) and S.L.P. (C) No....../2005 (CC

10442/2005). All these petitions, instead of 21st April, 2006, shall now b

e

listed in the month of February, 2006.

On the issue of the shifting bus stand and/or the replacement of

fifteen years’ old buses, if the State Government feels that there are

any

genuine difficulties in implementation, the Government may move an

appropriate application before the High Court in the main matter and we

have no doubt that the High Court will examine the issue in the light of what

is brought before it by the Government and in the facts and circumstances of

the case. It may be noted that the petitioners before us are various transport

operators.

[ T.I. Rajput ] [ Radha R. Bhatia ]

A.R.-cum-P.S. Court Master