Pinnacle court says Political Battle Not In Court’s and dismisses Punjab Govts Plea To Cancel Bus Permits Of Ex CM Badals Company

The Top Court recently refused to interfere in a plea by the State of Punjab filed against the Punjab and Haryana High Court's order directing the release of buses owned by Orbit Aviation Ltd, permitting them to ply subject to permit conditions. A Bench comprising Justice Hemant Gupta and Justice Ramasubramanian refused to interfere while orally observing that the road tax has already been deposited, then cancellation of permits is unjustified. The respondent bus company is owned by the former Chief Minister of Punjab Prakash Singh Badal's family.

"Fight political battles in the political field not in court," the Bench remarked.

The State Government had cancelled the permits of the bus company on grounds of non-payment of taxes. The High Court however allowed the bus company's plea seeking directions for quashing the order dated 12.11.2021 which cancelled the Permits granted to the Company. "Are you interested in road tax or cancellation of permits? Fight political battle in the political field not in court," the Bench told Advocate General for State of Punjab.

"In both, the petitioner admitted he is in default," AG Deepinder Patwalia responded.

"Amount of 2 crores has been deposited in the last two months? How much more is due? If the amount is paid then cancellation of permits is unjustified," the Bench said. The Advocate General however submitted that once they admitted they were in default the question of notice doesn't arise. He added that the company's buses were compounded for three months but that didn't compel them to deposit the amount. "This is not a case of interference. If road tax amount has been deposited nothing survives. Entire permit was cancelled on ground of no deposit, now the deposit has been made," the Bench orally observed. In the present special leave petition filed through Advocate Ranjeeta Rohatgi, the State of Punjab has stated that it had passed an order for cancellation of permits of the Respondent to ply stage carriage bus service on the notified route from different cities of Punjab to Chandigarh. The High Court ordered in favour of the petitioners and directed the State to release the buses forthwith and to permit the Respondent herein to play them subject to the conditions of the permit.