Anil Kumar Rai vs State Of Haryana And Others

Sanjay Kumar, J

The petitioner seeks a direction to the respondent-authorities to consider his request for grant of a Stage Carriage Permit under the Stage Carriage

Scheme of 2016. In this connection, he seeks a further direction to the Transport Commissioner, Haryana, the 2nd respondent herein, to forward his

application dated 28.01.2020 along with the requisite documents and Demand Draft to the Additional Deputy Commissioner-cum-Secretary-cum-

Member, Regional Transport Authority, Panchkula, as well as the Additional Deputy Commissioner-cum-Secretary-cum-Member, Regional Transport

Authority, Karnal, the 3rd and 4th respondents.

Be it noted that this Court had occasion to consider this very issue in CWP-7741-2020, titled 'Surender Kumar and others vs. State of Haryana and

others', decided on 22.06.2020. A copy of the said order is placed on record.

The petitioner seems to be identically situated, if not better placed, when compared to the petitioners in that case inasmuch as his application in the

prescribed format was submitted well within the time frame set by the Supreme Court in a batch of appeals that arose out of the litigation pertaining to

supersession of the Stage Carriage Scheme of 2016 by a later scheme.

The order dated 22.06.2020 passed in the earlier case demonstrates that the authorities granted Stage Carriage Permits to even those persons who

had made applications belatedly. They were accordingly directed to consider the cases of the petitioners in that case, who had submitted their

representations within time and followed up with applications in the prescribed format much later.

Mr. Amit Jhanji, learned counsel for the petitioner, would point out that the petitioner submitted his application in the prescribed format on 28.01.2020

to the 2nd respondent but the same has to be considered and acted upon by the 3rd and 4th respondents.

The writ petition is accordingly disposed of directing the 2nd respondent to forward the petitioner's application dated 28.01.2020 along with annexures

to the 3rd and 4th respondents for necessary further action for issuance of a route permit to the petitioner under the Stage Carriage Scheme of 2016.

This exercise shall be completed expeditiously and in any event, not later than three weeks from the date of receipt of a certified copy of this order.

It is made clear that this Court has not gone into the merits of the petitioner's claim and it is for the transport authorities concerned to consider his

application on merits and in accordance with law.

No order as to costs.