Jai Mata Mini Bus Service Registered vs Deputy Commissioner and Another

Gokal Chand Mittal, J.—The petitioner was granted a permit for plying a mini bus on the Dhuri-Mohrana route. Somehow the petitioner could not purchase the mini bus within the time originally allowed to him and he made a request for extension of time. While his aforesaid request was pending, he purchased the mini bus on hire-purchase agreement. The Regional Transport Authority, who is the Deputy Commissioner, vide his order dated 7th November, 1989 Annexure P-3, cancelled the permit on the ground that the petitioner had not purchase the bus. Since no notice was issued to the petitioner prior to the passing of the order cancelling the permit the petitioner could not tell the concerned authority that he 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 Chandigarh, 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 had 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, orders Annexures P-3 and P-6 are quashed.

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