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2025 DAILYLAW 91601 (PNJ)

VEERPAL KAUR AND ANR v. THE LD STATE TRANSPORT APPELLATE AUHORITY AND ORS

CWP/23776/2025 · 2025-08-22

Kuldeep Tiwari

body2025

Judgment text

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122 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-23776-2025 Date of Decision : 22.08.2025 VEERPAL KAUR AND ANOTHER .....Petitioners VERSUS ` THE LD. STATE TRANSPORT APPELLATE AUHORITY AND OTHERS .....Respondents CWP-23861-2025 IQBAL SINGH .....Petitioner VERSUS THE LD. STATE TRANSPORT APPELLATE AUHORITY AND OTHERS .....Respondents CORAM: HON'BLE MR. JUSTICE KULDEEP TIWARI Present : Mr. Lekhraj Sharma, Advocate and Mr. Abhishek Sharma, Advocate, for the petitioners. Mr. Sahil R. Bakshi, AAG, Punjab. KULDEEP TIWARI, J.(Oral) 1. Since both the petitions are arising out of a common judgment passed by the State Transport Appellate Tribunal, Punjab, and a common relief has been sought, therefore, being amenable for common decision, same are taken up together. DHARAM VIR 2025.08.23 11:56 I attest to the accuracy and integrity of this document CWP-23776-2025 & -2- CWP-23861-2025 2. Through the instant writ petition filed under Articles 226 and 227 of the Constitution of India, a challenge is thrown to the judgments dated 30.08.2023 (Annexures P-3 to P-7), passed in Appeal Nos.290 of 2023, 317 of 2022, 289 of 2022, 281 of 2022 and 146 of 2022, whereby permit granted to the present petitioners vide order dated 27.12.2021, has been set aside. 3. In the instant matters, notice of motion was issued vide order dated 19.08.2025, upon a submission made by learned counsel for the petitioner to the effect that issue involved herein, is squarely covered by a judgement dated 24.02.2025, passed in CWP-24021-2023. The relevant extract of the order dated 19.08.2025, reads as under:- “1. The learned counsel for the petitioners inter alia submits that, an issue alike the one at hand has already been considered by a Coordinate Bench of this Court in a bunch of writ petitions led by CWP24021-2023. The said bunch of writ petitions was disposed of vide order dated 24.02.2025, and the matter was remanded to the State Transport Appellate Tribunal, Punjab, for afresh adjudication. Therefore, these writ petitions also deserve an alike treatment. 2. Notice of motion. 3. The learned State counsel seeks some time to have instructions from the quarter concerned as to whether these writ petitions are covered by the order dated 24.02.2025.” 4. Today, learned State counsel, on instructions imparted to him by Sh.Gagandeep Singh, RTA, Bathinda, fairly admits the fact, as recorded above. 5. In view of the above, the impugned judgments passed by the learned State Transport Appellate Tribunal, Punjab, cannot be sustained, and are accordingly set aside. Consequently, both matters are remanded DHARAM VIR 2025.08.23 11:56 I attest to the accuracy and integrity of this document CWP-23776-2025 & -3- CWP-23861-2025 to the learned Tribunal for fresh adjudication after affording due opportunity of hearing to all concerned parties. The Tribunal shall reconsider the cases on their own merits, uninfluenced by the earlier findings, and pass a reasoned and speaking order, in accordance with law. 6. Disposed of accordingly. 7. A photocopy of this order be placed on the file of the connected case. (KULDEEP TIWARI) August 22, 2025 JUDGE dharamvir Whether speaking/reasoned. : Yes/No Whether Reportable. : Yes/No DHARAM VIR 2025.08.23 11:56 I attest to the accuracy and integrity of this document