Jai Mata Mini Bus Service vs Deputy Commissioner and Another

G.C. Mital, J.—The petitioner was granted a permit for plying a mini bus on the Driuri Mohrana route. Somehow, the petitioner could not purchase the mini bus within the time originally allowed to him and be made a request for extension of time. While his aforesaid request was pending, be purchased the mini bus on hire purchase agreement. The Regional Transport Authority, who is the Deputy Commissioner, vide his order dated 7th November, 1988, Annexurer P-3, cancelled the permit on the ground that the petitioner had not purchased the bus. Since no notice was issued to the petitioner prior to the passing of the order cancelling the permit the petitioners could not tell the concerned authority that go had purchased the mini bus and will start plying the same, if the time is extended. The petitioner remained unsuccessful before the State Transport Appellate Tribunal, Punjab-Ghandigarh, vide Annexure P-6 and he has come to this Court to impugn the orders.

Section 60 of the Motor Vehicles Act, 1939, as was applicable at the relevant time, provides that no permit shall be cancelled unless an opportunity of hearing is given before passing the order of cancellation of permit. Since no opportunity of hearing was afforded to the petitioner, the cancellation order is without jurisdiction.

According to the petitioner, a mini bus has been purchased by him and if the competent authority that is, the Regional Transport Authority is satisfied about this fact it will grant extension of time to the petitioner. Accordingly, order AnnexuresP-3 andP-6are quashed.

With this order and direction, the writ petition is disposed of.