Nand Lal vs State Of H.P And Others

Jyotsna Rewal Dua, J

Following order was passed in this matter on 07.04.2026:-

"Notice. Mr. L.N. Sharma, learned Additional Advocate General and Mr. Dheeraj K Vashistha, learned Counsel, appear and waive service of notice on behalf of respondents No. 1 & 2 and respondents No. 3 & 4, respectively.

Case set up by the petitioner is that he is plying bus bearing No. HP-63C-1680 on duly approved route permit Poabo (Shimla)-Dummi (Shimla)-Bont (Shimla) new ISBT Tutikandi, Shimla. The permit is valid up to 03.02.2031. Petitioner is to reach ISBT, Tutikandi at 02:45 p.m. with departure at 02:50 p.m.

2(i) Petitioner's grievance is to the plying of a bus by HRTC from Auckland Tunnel-Cheri-Kiarkoti with departure time of the bus at 03:30 pm. Petitioner has further alleged that apart from overlapping of the time -2- period, HRTC does not have valid route permit in its favour issued by the Competent Authority. The bus is being plied contrary to the norms and in violation of the statute.

2(ii) Attention was invited to Annexure P-3, a letter issued by the Regional Transport Authority, Shimla to the HRTC Unit Dhalli, Shimla on 23.02.2026, mentioning therein that as per the records available in the office of the RTA, Shimla, no route permit either temporary or permanent had been issued in favour of HRTC for operating the bus on Auckland Tunnel-CheriKiarkoti-Neri. HRTC was directed to stop the operation of the bus service on the route in question unless supported by a valid route permit. Relevant part from the letter reads as under:-

"It is pertinent to mention that, as per the records available in this office, no route permit either temporary or regular-has been issued in favour of H for operating its bus on the abovementioned route. Operating a bus service without a valid route permit is in contravention of the provisions of the Motor Vehicles Act and the rules framed thereunder. You are, therefore, directed to immediately stop the operation of the bus service on the aforesaid route unless supported by a valid permit. Failing which, strict action shall be initiated as per the provisions of law."

At this stage, learned counsel for the respondent- HRTC submits that the Chairperson, Shimla Urban Transport Management Society, Shimla has been issued permit on 08.07.2025 valid till 24.04.2030.

Learned Senior Counsel for the petitioner submits that the aforesaid permit had not been issued to the HRTC. That JNNRUM Project, under which the aforesaid project was issued to the society stands lapsed.

Let respondent No.2 to examine the record and submits its report upon the validity of the route permit, if any, in favour of the respondent- HRTC for the route Auckland Tunnel-Cheri-Kiarkoti-Neri on the next date.

List on 21.04.2026.

Reply, if any, be filed in the meanwhile."

Pursuant to above directions, learned Deputy Advocate General has placed on record instructions dated 24.04.2026 from Regional Transport Authority, Shimla,

H.P. conveying that the bus service in question being plied by the respondent- Regional Transport Corporation was being operated without any permit. Therefore, respondent- Transport Corporation had issued directions on 23.02.2026 to the Regional Manager of H.R.T.C, Local Unit, Dhalli with directions to immediately stop the operation of the bus service from Auckland Tunnel-Cheri-Kiarkoti-Neri road.

Office instructions are duly supported with the documents.

Today's hearing has been attended by Mr.Ankur Verma, Regional Manager, H.R.T.C., Local Unit, Dhalli alongwith learned vice counsel for respondents No.3 & 4. It has not been disputed that H.R.T.C had been plying the bus service in question without any legal and valid permit. The officer present has now undertaken that bus service from Auckland Tunnel-Cheri-Kiarkoti-Neri will be stopped forthwith and same will not be plied unless and until all requisite permits and approvals are obtained in accordance with law. Respondent- H.R.T.C is directed to be vigilant in future for plying the buses only in accordance with law.

In view of above and taking note of the stand of respondent State, which has not been disputed by the respondent HRTC and considering the undertaking given for the respondent HRTC that bus service in question (Auckland Tunnel-Cheri-Kiarkoti-Neri) shall not be plied, the present writ petition stands disposed of with direction to respondent HRTC to stop plying the bus service in question forthwith. The same shall not be plied unless requisite permissions & approvals are granted in its favour. Pending miscellaneous application(s), if any, shall also stand disposed of.