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High Court of Punjab and Haryana · body

2025 DAILYLAW 49653 (PNJ)

RADHA KRISHNA CO-OP TRANSPORT SOCIETY LTD HISAR AND OTHERS v. STATE OF HARYANA AND OTHERS

CWP/12600/2020 · 2025-05-21

Harsimran Singh Sethi

Civil Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CWP-12600-2020 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 222 CWP-12600-2020 (O&M) Date of Decision :21.05.2025 The Radha Krishna Co-op Transport Society Ltd (Regd.) Hisar and others ...Petitioners Versus State of Haryana and others ..Respondents CORAM: HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI Present: Mr. Mukul Aggarwal, Advocate for the petitioners. Mr. Saurabh Girdhar, A.A.G. Haryana. Mr. Bikramjit Singh Patwalia, Advocate for respondents No.12 to 24. * * * Harsimran Singh Sethi, J. (Oral) 1. In the present petition, the challenge is to the permits which have been issued in favour of the private respondents on the ground that the same have been issued in violation of Section 99 of the Motor Vehicles Act, 1988 read with Rule 115 of the Haryana Motor Vehicles Rules, 1993 and also in violation of the judgment of the Hon’ble Supreme Court of India in Civil Appeal No.556-2020 titled as The Haryana Cooperative Transport Society Ltd. and others vs. State of Haryana and others decided on 21.01.2020 (Annexure P/13). 2. Learned counsel for the private respondents No.12 to 24 submits that the issue which has arisen in the present case was agitated by AARTI SHARMA 2025.05.23 14:08 I attest to the accuracy and integrity of this document CWP-12600-2020 (O&M) -2- other similarly situated petitioners by way of filing CWP-4040-2021 titled as The Yaduvanshi CTS Limited Hazariwas and others vs. State of Haryana and others on the similar ground through the counsel, who is representing the petitioners herein and vide order dated 29.07.2021 passed by the Coordinate Bench of this Court, the said writ petition was dismissed though, learned counsel for the private respondents No.12 to 24 very fairly submits that against the said judgment, an appeal being LPA No.1094- 2021is pending. 3. Learned counsel for the petitioners submits that though, the issue raised in the present petition is same but certain law which existed before passing the order dated 29.07.2021 by the Coordinate Bench was not brought to the notice of the Court. 4. I have heard learned counsel for the parties and have gone through the record with their able assistance. 5. Once, the issue raised in the present petition is identical to the issued raised in The Yaduvanshi CTS Limited Hazariwas(supra), which writ petition has already been dismissed by the Coordinate Bench of this Court vide order dated 29.07.2021, the claim in the present petition cannot be allowed. 6. Keeping in view the totality of the facts and circumstances of the present case, where the learned counsel for the petitioners has not been able to controvert that the issue raised in the present petition has already been decided by the Coordinate Bench of this Court while passing order in The Yaduvanshi CTS Limited Hazariwas, the present petition is also dismissed in terms of the said order. AARTI SHARMA 2025.05.23 14:08 I attest to the accuracy and integrity of this document CWP-12600-2020 (O&M) -3- 7. The pendency of an appeal against the said order will not entitle the petitioners to claim adjournment. In case, the said appeal is pending before the Division Bench of this Court, the same remedy can be availed by the petitioners as well. 7. Civil miscellaneous application pending, if any, is also disposed of. May 21, 2025 (HARSIMRAN SINGH SETHI) aarti JUDGE Whether speaking/reasoned : Yes Whether reportable : No AARTI SHARMA 2025.05.23 14:08 I attest to the accuracy and integrity of this document