Court held that the lawsuit is now futile as HRTC does not ply buses under the challenged notification but under statutory permits granted under the Motor Vehicle Act. The petition was disposed of as infructuous.
Writ petition disposed of as having become infructuous.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA
CWP No. 1001 of 2017 Date of Decision: 15.6.2017
M/s New Prem Bus Service …..Petitioner.
Versus State of H.P. and Ors. ….Respondents. Coram:
The Hon’ble Mr. Justice Sanjay Karol, Acting Chief Justice. The Hon’ble Mr. Justice Sandeep Sharma, Judge .
Whether approved for reporting?1
For the Petitioner: Mr. Ajay Sharma, Advocate.
For the Respondents: Mr. Shrawan Dogra, Advocate General with Mr. Anup Rattan & Mr. Romesh Verma, Additional Advocate Generals and Mr. J.K. Verma & Mr. Kush Sharma, Deputy Advocate Generals, for respondents No. 1 and 2.
Mr. B.N. Sharma, Advocate, for respondent No.3.
Mr. R.S. Chandel, Advocate vice Mr. D.N. Sharma, Advocate, for respondent No.4.
Sanjay Karol, ACJ. (oral)
Learned Advocate General invites our attention to the supplementary affidavit dated 13.6.2017, also clarifying that respondent-HRTC is not plying the buses on the strength of the impugned notification dated 19.4.2017 (Annexure P-2), which in any event, stands withdrawn, but on the basis of permits granted in terms of statutory provisions, more specifically Section 71 (3) (A) of the Motor Vehicle Act, 1988.
1 Whether reporters of the local papers may be allowed to see the judgment?
…2…
( Sanjay Karol), Acting Chief Justice
15th June, 2017 ( Sandeep Sharma ), Manjit Judge.
1 issue framed by the court
Whether the writ petition by the bus service challenging notification regarding O/R buses stands infructuous.
M/s New Prem Bus Service
State of H.P.
Response
Sanjay Karol
Sandeep Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
