IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.1325 of 2019 Decided on: 16.07.2026 ------------------------------------------------------------------------------------- Mandeep Singh …..Petitioner Versus State of H.P. and others . .....Respondents ------------------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioner: Mr. P.S. Goverdhan, Sr. Advocate with Mr. Rakesh Thakur, Advocate. For the Respondents: Mr. Anup Rattan, Advocate General with Ms.Seema Sharma, Deputy Advocate General. ------------------------------------------------------------------------------------ Jyotsna Rewal Dua, Judge Petitioner feels aggrieved against the directions dated 27.05.2014 (Annexure P-2) issued by respondent No.1- the Principal Secretary- (Transport)–cum-Chairman, State Transport Authority, Himachal Pradesh, more particularly Clause 2 thereof that enables the Authority, issuing the route permits, to recover not less than Rs. 10,000/- for each month (or part thereof) of delay, over and above three months or six months as the case may be 1Whether reporters of print and electronic media may be allowed to see the order? Yes. 2 for renewal of the route permit. The said directions have been issued in purported exercise of powers under Section 86(5) of the Motor Vehicles Act, 1988 (the Act in short). 2. Petitioner’s further grievance is to the minutes of meeting of Regional Transport Authority, Solan, dated 18.06.2018 (Annexure P-3), wherein penalty for renewal of the route permit in question has been imposed upon the petitioner pursuant to the aforesaid direction dated 27.05.2014 and consequent demand letter dated 15.05.2019 (Annexure P-1). 3. Learned Senior Counsel for the petitioner submits that the impugned directions are arbitrary, irrational, wrong and illegal and have no authority of law as Section 86(5) of the Act does not empower the authority to impose penalty upon the defaulter; That Rule 68 of the Himachal Pradesh Motor Vehicles Rules, 1999 directly deals with the issue of imposing late fees in case of cancellations or suspension of route permit by a person, whereudner maximum penalty/late fees is Rs.25 per day levieable up to double of the amount of renewal fees. 4. At this stage, learned counsel for the parties jointly apprised that the Himachal Pradesh Transport 3 Appellate Tribunal has been constituted vide notification dated 20.06.2022 and the jurisdiction to decide the question raised in this writ petition for the redressal of the grievance of the petitioner lies with the tribunal. In view of above admitted position, this writ petition is ordered to be transferred to Himachal Pradesh Transport Appellate Tribunal, Mandi, H.P. Parties through their learned counsel are directed to appear before the learned Himachal Pradesh Transport Appellate Tribunal, Mandi, H.P. on 06.08.2025. The writ petition to stand disposed of in the above terms. Pending miscellaneous application(s), if any, also to stand disposed of. Jyotsna Rewal Dua July 16, 2026 Judge R.Atal