Northern Express Highways & Anr Vs. State of Haryana & Ors  Insc
126 (2 March 2001)
Misra & B.N. Agrawal
D E R
learned counsel for the parties.
appellants challenge the order passed by the High Court dismissing the writ
petition as premature. The grievance of the appellants is that he made an
application for the grant of stage carriage permit as far back on the 12th November, 1998 but the same has yet not been
disposed of. Thus the rejection of the appellants writ petition by the High
Court as premature is unsustainable liable to be set aside. The reply on behalf
of the respondent is that the said application for the grant of permit was sent
only on the 12th November, 1998, whereas the last date of the receipt of the
application was 31st August, 1998, hence it was rejected being time barred.
Thus the same was returned to the appellant along with the original bank draft
by speed post with A.D. on the 15th February, 1999. Learned counsel for the appellant submits firstly that appellant had
not knowledge of this rejection and in any case this rejection in view of
Section 80 of Motor Vehicles Act is illegal and a nullity.
on behalf of respondent is that there was a scheme for the unemployed youth by
the State of Haryana which is annexed as Annexure R-2
which was published and notified in the year 1998 under which appellant applied
which is withdrawn by the State of Haryana through Notification dated 25th February, 2000. Thus apart from the aforesaid fact
of the rejection of the application of the appellant, no relief can be granted
on the said application.
other hand learned counsel for the appellant submits that the application was
not made under any Scheme but was independently under Section 80 of the said
Act. However, this is disputed question of fact which has neither been raised
nor adjudicated by the High Court whose order is impugned before us. In view of
this proper course open to the appellant was to have moved the High Court on
this subsequent cause of action instead in the present proceedings. Such a
question cannot be raised for the first time before this Court in the present
the present petition fails and is dismissed without prejudice to the rights of
the appellants for moving the High Court or later recourse to any other remedy
available to him in accordance with law.