Total

Transcription

1 LATEST STATUS OF THE COURT CASES PENDING FOR DISPOSAL IN VARIOUS HON BLE COURT(S) IN RESPECT OF TRANSPORT DEPARTMENT AS ON Sr.No. Name of Office Name of Hon ble Court Supreme High Court STAT Other Total Court 1. Head Office STA Solan Nahan Una Bilaspur Mandi Hamirpur Kullu Chamba Total

2 Detail of court cases as on in respect of Transport Department in Hon'ble Supreme Court of India S. Case Parties Brief contents Date of filling of No. No. of the case reply Remarks 1 Civil Appeal No to 5594 of Civil Appeal No of Civil Appeal No of Civil Appeal No of SLP (C)No. 5599/2013 SLA (C) 1800/2013 connected with CWP No. 5662/2012 State of H.P. through Chief Secretary versus Goel Bus Service through its proprietor & other Operators Union (Regd.) versus & others Himachal Taxi Operator Unior versus & others Taxi Owner Associations versus State of H.P. & others Utsav Safety Systems Pvt. Ltd. & others versus & others imposition of special road tax in the State of H.P Pending installation of Taxi Meter Pending installation of Taxi meter Pending installation of Taxi meter HSRP & again on Date of filing of SLP i.e Pending Stay granted by the Hon'ble Supreme court of India on

3 Proforma regarding status of Court Cases in respect of Transport Department pending in the Hon ble High Court for disposal as on Sr. Case No. Type of case Title of Case Brief contents/grounds of the case Date of filling reply Date of next Remarks Name of Office No. hearing/status of the case 1. CWP 9707/2011 Accident of vehicle Ajay Kumar Vs State Not given Pending for decision - Hamirpur of HP 2. CWP 8422/2011 Release of Balbir ParmarVs State Not given Pending of decision - Hamirpur of HP 3. CWP 2620/2012 Entry Tax Vinod Kumar Vs State Not given Pending for decision - Hamirpur of HP 4. CWP 8658/2013 Temporary Route / Time Table Soni Kumar Vs State of HP Not given Reply to be - Hamirpur 5. CWP 8659/2013 Temporary Route / Time Table Sukhdev Sharma Vs 6. CWP 1591/2013. Release of permit AnishKaushal v/s 7. CWP 7295/2012 s Ajay Parihar V/S State of HP & others Not given Reply to be - Hamirpur release of permit after six month from the date of deposit suo motto permits sanctioned in RTA meeting held on 01& Pending for Arguments on Pending Last listed Happy Bus V/S State cancellation of permit Pending Interim stay has been granted on CWP 6467/2013 Taxation Shiv Dev Singh Pathania V/S State of HP 10. CWP 2290/2009 Ashok Kumar V/s State of H.P. 11. CWP 7019/10 Release of deposited Dina Nathvs State of permit HP 12. CWP7219/10 Release of deposited permit Dina Nathvs State of HP - Bilaspur - cancellation of permit Pending Time table Pending - Una This case is reg. release of permit and SRT. The period of deposited permit is time barred i.e more than 6 months and the applicant is a SRT defaulter. This case is reg. release of permit and SRT. The period of deposited permit is time barred i.e more than 6 months and the applicant is also a SRT defaulter 13. CWP 4945/12 Reg. Fleet list KewalKrishanVs State The fleet list has been granted as per the directions of the Hon ble High Court and accordingly reply has been pending - Una Pending - Una Pending - Una

4 14. CWP 7784/11 Parma Nand&Samidha society Vs State (Joint case all s) 15. CWP 9677/11 Ram PartapVs State(Joint case all s) 16. CWP 10812/12 SRT recovery under ALR Dina NathVs State 17. CWP.No390/13 Reg. SRT/ALR case Sh. Rajinder Singh vs State 18. CWP 2044/11 Taxation (SRT) Mandeep Singh V/S State of H.P. Reg. Pollution Reg. Tax Defaulters This case is against the ALR case of SRT recovery. The Hon ble High Court has granted interims orders, stay for recovery of tax arrear. This case is against the ALR case of SRT recovery. The Hon ble High Court has granted interims orders, stay for recovery of tax arrear This is a SRT Case filled by the petitioner. Similar nature cases has been decided by the Hon ble Court. In compliance to the Hon ble High Court Orders dt , compliance affidavit has been on In compliance to the Hon ble High Court Orders dt , compliance affidavit has been. Pending - Una Pending SRT/ALR status is being sent accordingly. Una pending - Una Pending - Una Pending For Pre- Admission Solan 19. CWP 4616/11 Release and renewalof stage carriage route permit. 20. CWP 4617/11 Release and renewal of stage carriage route permit. 21. CWP 4849/11 Renew of stage carriage route permit and exemption in SRT. Sh. Madan Mohan Sharma Vs State of HP and others Sh. Susheelkumarvs and others ShBalbir Singh vs state of HP Hon ble Court has passed the order thereby directing the entire amount of SRT minus token tax and penalty and permit to be considered for renewal if not renewed due to non deposition of SRT. The applicant has cleared the SRT excluding token tax and penalty and the RTA has approved the renewal of route permit Hon ble Court has passed the order therby directing the entire amount of SRT minus token tax and penality and permit to be considered for renewal if not renewed dureto non deposition of SRT Hon ble Court has passed the order therby directing the entire amount of SRT minus token tax and penality and permit to be considered for renewal if not renewed duretonon deposition of SRT. The applicant has cleared the SRT excluding token tax and penality Pending For preadmission Nahan Pending - Nahan Pending For pre admission Nahan

5 22. CWP 6052/11 permit and SRT Jeet Singh vs state of Hp and others 23. CWP 187/12 permit and SRT Rajinder Sharma v/s state of HP and others 24. CWP 90/12 permit and SRT ShNasirMohdRawatvs and Others 25. CWP 777/12 permit and SRT Sh. NA Hashmivs and Ors. 26. CWP 3687/12 permit and SRT Tara Dutt Sharma vs state of HP and Ors. 27. CWP 8419/12 permit and SRT Bhajan Singh vs state of HP and Ors. 28. CWP 759/2013 permit and SRT The HimgiriYantrikicooper ation Society, Poanta Sahib, Distt Sirmour 29. CWP 2158/2013 permit and SRT ShBaldev Singh, Sh Deep Ram vs State of HP and others 30. CWP 4535/2013 permit and SRT Sh. Devender Singh vs State of Hp and others 31. CWP 6486/2013 permit and SRT Sh. DhanenderGoyalvs state of HP and others 32. CWP 7922/2013 Taxation Director Transport vs State Transport Appellate Tribunal 33. CWP 7920/2013 Taxation Director Transport vs State Transport Appellate Tribunal 34. CWP 7930/2013 Taxation Director Transport vs State Transport Appellate Tribunal 35. CWP No. Taxation Sandhya Sharma vs. 4068/2010 State of H.P. 36. CWP No. CWP regarding Surakasha Foundation 2929/2008 fitment of speed versus Union of India (CMP 2257 of governor in vehicle and 2011) and the RTA has approved the renewal of route permit Renewal of stage carriage route permit Pending - Nahan and exemption in SRT Renewal of stage carriage route permit Pending - Nahan and exemption in SRT Last listed Renewal of stage carriage route permit Pending - Nahan Exemption of SRT Pending - Nahan Renewal of stage carriage route permit and exemption in SRT Renewal of stage carriage route permit and exemption in SRT Renewal of stage carriage route permit and exemption in SRT grant of stage carriage route permit Pending - Nahan Pending - Nahan Pending - Nahan Pending - Nahan Release and renewal of stage carriage Pending - Nahan route permit and exemption in SRT Grant of stage carriage route permit Pending - Nahan This is SRT case and Department has challenged the decision of STAT This is SRT case and Department has challenged the decision of STAT This is SRT case and Department has challenged the decision of STAT reply to be by respondents reply to be by respondents reply to be by respondents Exemption of SRT Last listed on Pending In the case petitioner has alleged that Last listed on state govt. is not adhering mandatory provision of the Rule 118 of CMV Rule now Pending 1989 with regard to fitment of speed governor in vehicle Pending for adjunction Pending for adjunction Pending for adjunction

6 37. CWP No. 2787/ CWP No. 2790/2008 Raghu NandanGoel vs. State Interstate route permit last listed on /Pending ArchanaGoel vs. State Interstate route permit last listed on / Pending 39. CWP No. 4719/2010 Taxi Owner Association vs. State Taxi parking at ISBT Last listed on /Pending 40. PIL 15/2000 Court on its motion Traffic on manali-rohtang pass - listed for (5087/2011 & Sher Singh Vs. State now Pending 5088/2011) DurgaDutt vs. State 41. CWP No. 316/2006 Installation of weigh Sumesh Raj vs. State Reg. installation of weigh bridges at Last affidavit on bridge at entry points of H.P. entry point of state of the state of HP 42. CWP No. Overloading DevinderJaita vs. State Reg. Overloading Last affidavit on Last listed on 7249/2010 of H.P Pending 43. CWP No. Demand Ex & non-ex- Reg. Non-providing of business of 9079/2012 Servicemen Truck transportation to the Damtal Truck Operators Union vs. Operator by the Industrial Association State of H.P. Damtal 44. CWP No Service Matter Mohinder Singh vs. Against the order of repatriation Reply on Last listed on /2013 State of H.P. & ors. 18/11/2013/pending 45. CWP No. Service Matter Sanjay Kumar vs. obtained stay order against repatriation Reply on Last listed on 3180/2013 & others order 18/11/2013pending 46. CWP No. Service Matter Jivan Chand vs. State Against the order of repatriation Reply on Last listed on 3476/2013 of H.P. &Ors. 18/11/2013.pending 47. CWP No. Service Matter PremLal vs. State of Against the order of repatriation Reply on Last listed on 3304/2013 H.P. & others 18/11/2013/pending 48. CWP 3572/2009 Service Matter Dalip Kumar vs State Against the order of repatriation Matter connected with Last listed on CWP no 3304/ /11/2013/pending 49. CWP No. 7575/2010 Service Matter Smt. Sunita Devi vs. Reg. Promotion Last listed on (CMP & State of H.P of 2010) and Now Pending LPA No. 256/ / 2012 Service Matter Yadvinder Kumar vs. 51. CWP No. Service Matter Rajneesh Kumar vs. 9079/ CWP No. Time-Table Asha Rani Mehta Vs 44510/2013 & Other 53. CWP 579/2013 Route DiwanChauhanVs 54. CWP 9822/2012 SRT S.S. JaswalVs State of HP &Others Pending Reply on pending Against the order of repatriation Reply on Last listed on / pending Against the order of repatriation Reply on Fixed for /pending Dispute of time table with HRTC Pending Pending for route permit No date given Pending for SRT No date given Pending for

7 55. CWP No. 2006/ CWP No / CWP No. 9211/2012 Taxation ArvindChauhan Bus Versus & others M/s. Ram Parivahan versus & others Italian Thai Dev. Company versus State of HP & others Appeal against CWP No. 1584/ Pending - Mandi Appeal against RTA order dated Pending - Mandi exemption of token tax Pending - Mandi

8 Sr. No. Case No. Type of case 1. 18/2012 Time table Beas View Vs Hamirpur/ D/Sala 2. 8/2013 Taxation Sunil/HussainAkh ter Vs State 3. 9 /2013 Time Table Ratani Devi Vs 4. 15/2013 SRT Recovery and 5. 29/2013 SRT Proforma regarding status of court cases in respect of Transport Department in the Hon ble STAT for disposal as on Title of Case Brief contents/grounds of the case Date of filling Date of next Remarks reply hearing/status of the State Sunil/HussainAkh ter Vs State SardarHari Singh Recovery Vs State 6. 10/2013 Time Table KewalKrishanVs State 7. APPEAL NO: 9/ Revision Petition: 20/ APPEAL NO: 36/2013. time table corridor permit release of permit after Six months Rattani Devi V/S Secretary Transport & others Ram Krishan v/s Jayoti Prakash vs Secy. RTA The appellant wants relief that the time table modified by the RTA Hamirpur may be cancelled The appellant wants relief that the SRT recovery may be exempted. The appellant wants relief that the time table issued may be cancelled alongwith compensation. The appellant wants relief that the SRT recovery may be exempted alongwith release of route permit. The appellant wants relief that the SRT recovery may be exempted alongwith release of route permit. The appellant wants relief that the directions may be issued to HTRC to adhere scheduled time table and further to cancel the route permit. time table corridor permit Route permit released after 6 months and cancelled by the RTA Name of Office case / pending - Hamirpur / pending - Hamirpur / pending - Hamirpur / pending - Hamirpur Yet to be / pending Reply to be on Yet to be Reply to be on Reply yet to be on dated Reply by Una Reply yet to be Hamirpur Hamirpur Bilaspur Pending for arguments Appeal received on Bilaspur Bilaspur /2013 Appeal U/S 89 permit /2013 Appeal U/S 89 Sh. BhupeshNandan V/s Div. Comm. Mandi (Chairman RTA Kullu) & Others Sh. BhupeshNandan V/s Div. Comm. Appellant an appeal to release the permit sectioned in RTA meeting dated Appellant an appeal to cancel the permits of other operator Sh. BhimSen Kullu Kullu

9 permit /2013 Appeal U/S 89 exemption of SRT/ T.Tax& renewal of permit 13. 5/2013 Appeal U/S 89 permit /2013 Appeal U/S 89 permit. Mandi (Chairman RTA Kullu) & Others Sh. BhupeshNandan V/s Div. Comm. Mandi (Chairman RTA Kullu) & Others Sh. Amit Kumar Vs State of H.P. Ashwani Kumar Vs state of H.P. & others Appellant an appeal to renew his permit & exempt his SRT/ Token tax as his bus met with an accident, but R.C. & are not deposited in the office. Appellant an appeal against the RTA decision for granting modified route. Modification of route permit cancelled by the Hon ble High Court & notice issued to the appellant in compliance of court order & appellant an appeal against the Notice Kullu Kullu for filing of reply - Kullu /2013 M/s KTC V/s State Reply has to be Kullu 16. Appeal No.15/ Appeal No. 14/ Appeal No.19/2011 s s Jubilee Highways V/S & others New Chiniot Bus Service V/S State of HP & others New Light Bus Service V/S State of HP & Others 19. Asha Kumari V/S & others 20. Revision Petition No.4 of 2013 New Prem Bus Service v/s RTA,. Release of deposited stage carriage route permits. Release of deposited stage carriage route permits. Release of deposited stage carriage route permits. release of modified route permit for consideration for filing of reply for filing of reply for filing of reply for consideration for consideration

10 21. Revision Petition No.5 of Revision Petition No.6 of Revision Petition No.7 of Revision Petition No.8 of Revision Petition No.9 of Appeal No.27 of 2013 New Prem Bus Service v/s RTA,. New Prem Bus Service v/s RTA,. New Prem Bus Service v/s RTA,. New Prem Bus Service v/s RTA,. New Prem Bus Service v/s RTA,. AshishWalia V/S RTA Dharamsala& others Appeal No. 28 of Appeal No. 31 of Appeal No.33 of Appeal No.34 of Revision Petition 12/2013 Ritesh Kumar V/S RTA BimalRaiSethi V/S RTA & others. PremLal Sharma V/S RTA & others Dharmender Singh V/S State of HP & others Lucky Kumar V/S RTA cancellation of route permit by RTA Next date Next date /11 Reg. time table Mohinder Singh v/s Una Reply has been. This case is reg. time table. Now the time table has been settled Una

11 33. 20/2009 Reg. agreement of buses entered between HP &Pb. Ram Krishan v/s /09 Appeal Mehta Cooperative Tpt. Society ltd. shamtisolanvsrt A 35. Civil Mehta Raghuvanshi series Reply has been. This case is mainly related to Punjab Roadways Nangal, not allowing the entry of HP Pvt buses in the bus stand plying through corridor routes of this area Una For the grant f stage carriage route permit Pending - Nahan Registration Series Yet to be for filing of reply For consideration to jurisdiction STA 36. Appeal 03/2010 Time Table case /2011 Route Mehta Cooperative Tpt. Society vs Solan Mehta Cooperative Tpt. Society vs Solan Vijay Pal vs Solan Vijay Pal vs Solan /2013 Release of route permit /2013 Release of route permit /2013 PuranDutt vs and others 41. Appeal No. 2 of Harbans Singh 2013 Versus RTA Time table Argument Solan non issuance of route permit against the RTA Rejoinder to be Solan release of route permit which was deposited by the applicant Rejoinder to be Solan release of route permit which was Rejoinder to be Solan deposited by the applicant This is a case of non-release of route permit by RTA Yet to be ON for filing of - Solan reply For the issue of deposited permit after 6 months Mandi Mandi& others /2011 Time-table Savita Thakur Vs Dispute time table Tempering No data given Pending Pending for /2012 Route SunitaVerma Vs route permit Pending for /2013 Taxation Smt. Sita Chauhan SRT Reply not Pending for

12 45. 12/2013 Time table S.S. Jaswal Vs Yash Pal Mehta /2012 Time Table Govind Mehta Vs VirenderRana /2013 Time table Deena Nath Vs /2013 Route PuranDutt Vs /2013 SRT Devi Lal vs State Of HP Dispute regarding time table Pending for Dispute on Time Table Pending for Modification/extension of route permit to New ISBT Pending for About renewal of expired permit Reply not Pending for SRT Reply not Pending for

13 Sr. No. Proforma regarding status of Court Cases in respect of Transport Department pending for disposal in various Ld. Courts in H.P. as on Name of Court Case No. Type of case Title of Case Brief contents/grounds of the Date of filling reply Date of next Remarks case hearing/status of the case 1. District and session judge Solan 2. Addl. Distt judge 1 kangra at d/shala 3. Civil Addl. Distt.& Session Judge, Solan 4. Civil Judge, Sr. Division Solan 5. Civil Judge, Sr. Division Solan 6. Civil Judge, Jr. Division Solan 7. Civil Judge, Jr. Division Solan 8. Distt. Consumer Forum 9. Distt. Consumer Forum 10. Distt. Consumer Forum 1-s/1 of 12 Civil suit Suit for recovery ShNand Ram vs and others Plaint no 1D/09 Civil suit/2012 Damage Suit ManmohanBedivs state of HP NandlalVs State & Others 93/2010 Replacement Mehta Co-Op. Tpt. Society vs Solan Civil SRT (Taxation) Neel Kamal vs suit/2013 Solan Challaning of veh no hp01a-1555 suit for recovery Rs as damage of account tortuous of labiality This is case of and time table issued to other transporters This case of late issuance of and claim This is a case of SRT as the case of ALR has been declared by the District Collector 05/09 Sant Ram vs RTA/ This is a case of permit issued to Sh. Laiq Ram against RTA order Civil suit/13 SRT Taxation Mohan Lalvs Solan Complaint transfer Mohan Lalvs Solan Complaint Bank draft case Rahul Mehta versus State Bank of Patiala & others Complaint Replacement of auto-rickshaws Harpreet versus & MVI This is case of SRT as the Distt has declared the case of ALR. Collector This is a case of permit transfer which has not been transferred due to the non-completion of two years condition. This is a case of bank drafts which returned to Sh. Rahul Mehta but bank did not make payment against the said draft This is a case of replacement of Auto rickshow Pending with the court for final decision by Secy. STA HP main reply and subsequently Pending for decision Case was attended personally by in the Court of Ld. Judge and stated that the case does not come under the jurisdiction of the said Court Name of Office Nahan - STA Transferred to Chief Justice Solan Solan P.W Fixed for evidence Solan Solan Fixed for evidence Solan Last listed on /pending ISSUE FRAME Solan ORDER Solan ORDER Solan For evidence Solan

14 11. Hon ble Consumer Court 48/2011 Complaint Sita Ram VsBihariLal and RTA Charging of excess fare Pending - Hamirpur 12. Hon ble Consumer Court Hamirpur 94/2012 Driving licence Piarchand vs Hamirpur The complainant wants relief that the Driving Licence may be renewed alongwith compensation for non renewal period For argument Hamirpur 13. Civil Court Gohar at Mandi 14. Civil Court No. 4 Mandi 15. Civil Court Sunder Nagar, Mandi 16. Consumer Court, Mandi Civil Suit No. 38/2013 Civil Suit No. 12/2013 Civil Suit 71 of 2012 Complaint u/s 12 of C.P. Act Taxation Taxation Taxation Registration RoshanLal Versus Mandi& Collector (Recovery) Mandi Bharat Kumar versus State of H.P., RTA Mandi and Tehsil (Recovery) Mandi Man Singh versus State of HP & others Surender Kumar versus M/s. Global Motors, M/s. Bajaj Auto Ltd and Mandi This case pertains to the recovery of SRT/PSRT in respect of Bus No. HP This case pertains to the recovery of SRT/PSRT in respect of Bus No. HP This case pertains to SRT/PSRT of Rs. 6,04,709/- in respect of Bus No. HP This case pertains to the Registration of Three wheeler (Goods Carrier) but model of this vehicle is not approved by the DOT and in absence of such approval dealer has sold the vehicle to the petitioner For reply of amendment application Mandi Mandi Mandi Mandi

15 17. Civil court no 3 at Mandi Civil Suit no. 291/13 Transfer of Desh Raj Sh. Dhani Ram Vs Narain Singh S/o vsh.sant Ram and Mandi is ProformaDefendanrt. This case has pertains to the transfer of route permit of bus no HP For reply listed first time Mandi 18. Before the presiding officer Debts Recovery Tribunal UT Chandigarh Application No 521 of 2013 Registration State bank of India Vs Dharam Pal and others This case pertains to producing the fake form no. 35 by the owner of Bus no HP and HP For reply listed first time Mandi 19. Distt. Consumer Court 20. Distt. Consumer Court 21. Before the President, District Consumer District Redressal Forum, Bilaspur HP 22. Before the President, District Consumer District Redressal Forum, Bilaspur HP 23. HON BLEDISTT. CONSUMER COMPLAINT REDRESSAL FORUM. 24. HON BLEDISTT. CONSUMER COMPLAINT REDRESSAL FORUM 66/2009 Taxi PadamSukhVs State of HP Vehicle Model Raj Kumar Vs Swaraj Mazda Complaint No: 30/2013 Complaint No: 20/2013. Registration of vehicle as Taxi/maxi Registration of vehicle as Taxi/maxi Sanjeev Dhillon vs. Regional Transport Officer, Bilaspur, Distt.Bilaspur, HP Sita Ram vs. Regional Transport Officer, Bilaspur, Distt.Bilaspur, HP 65/2011 Modal approval Vijay Kumar Vs Mah.&Mah. Co Ltd 1/2011 Taxation HarbansLal Saini Vs Una Grant of Taxi No date given Pending for Approval of model of vehicle Pending Pending for The vehicle so purchased has not been approved for registration as Taxi/Maxi cab. The vehicle so purchased has not been approved for registration as Taxi/Maxi cab. Reg. sale of non approved modal of Tractor Bilaspur Bilaspur For Orders. This case is regarding registration of tractor directly as Agricultural Reg Exemption of SRT 20/12/ Interim orders. Case is regarding exemption of SRT. Una Una

16 25. Sub Judge,Amb 253/2011 time table Pritma Devi VS Secy,R.T.A,Una 26. Addl. Distt. 253 /2011 Appeal Pritma Devi VS Secy, Judge,Una R.T.A,Una 27. Sub Judge,Una 6/13 Accommodatio Jagdish Rao Vs, n Una 28. Civil Judge Nurpur Nil IshanBhardwaj V/S RTA. 29. Civil Judge Palampur 30. Civil Judge Palampur 222/08 Registration of JCB Suresh Patial V/S JCB & others 154/2012 Tax Gian Chand V/S State of HP 31. Civil Judge Dehra 181/2012 Tax Dev Raj V/S State of HP 32. Civil Judge Dehra 245/2012 Tax Pawan Kumar V/S 33. Session Judge 34. Session Judge 3-G/2013 Tax Subhash Chand V/S 2-G/2013 Tax Babu Ram V/S State of HP time table For Orders. Una This case is regarding time table. time table For consideration Una Reg. Office Building Rent and Vacation. Grant of suo motto permit to the minor For reply. Sh. JagdishRao is a new owner of the building of the office Una. The agreement for rent of this office building was made with previous owner Smt. Raj Kumariwhich has also been expired. Now, the new owner wants to vacate this building Next date of hearing has been fixed on registration of JCB Next date fixed on for final consideration. SRT exemption being off road vehicles Next date of hearing has been fixed on do Next date of hearing has been fixed on do Next date of hearing has been fixed on do The case dismissed by the Hon ble Civil Court Dehra & further under appeal at Session Court & hearing fixed on do The case dismissed by the Hon ble Civil Court Dehra & further under appeal Una

17 35. Adl. Commissioner Transport Cum Appellate Authority - Appeal U/S 14 exemption of SRT/ T.Tax Sir Chand Vs State Filed appeal against the Assessment of R.T.O. at Session Court & hearing not fixed Kullu