PUNE TAXIMEN'S CONSUMER CO-OPERATIVE SOCIETY LTD. versus THE REGIONAL TRANSPORT AUTHORITY, BOMBAY AND ORS.

Citation: [2006] SUPP. 9 S.C.R. 146 · Decided: 17-11-2006 · Supreme Court of India · Bench: ARIJIT PASAYAT · Disposal: Disposed off

Judgment (excerpt)

A 
PUNE TAXIMEN'S CONSUMER CO-OPERATIVE SOCIETY LTD. 
) 
v. 
THE REGIONAL TRANSPORT AUTHORITY, BOMBAY AND ORS. 
NOVEMBER 17, 2006 
B 
[ARIJIT PASA Y AT AND LOKESHWAR SINGH PANT A, JJ.] 
Constitution. of India, 1950-Artic/e 226-Writ petition by a Taxi men's 
Consumer Society for ~certain directions to Regional Transport Authori~ 
High Court dire~tftig the Transport Authority to implement the 
C recommendations and resolutiol'.:; made by its sub-committee and also 
directing the State Transport Appellate Authority to dispose of the appeal 
filed by the consumer society expeditiously-Challenge to-Held: Dispute 
before the State Transport Appellate Tribunal was totally unconnected with 
the subject matter of dispute in the writ petition-The order of the High Court 
D is totally confusing-Hence; the High Court is directed to hear the matter 
afresh and pass necessary orders-Directions issued 
Appellant, a registered Society and its members filed a writ petition for 
directions to the respondents to implement certain recommendations made 
by the sub-Committee appointed by Respondent No.I-Regional Transport 
E Authority and to implement the Resolution. The High Court noted the 
undertaking given by the appellant and directed respondent No.I-to ensure 
that the Resolution is fully implemented; that the recommendation of the Sub-
committee should be implemented fully; and also directed that the State 
Transport Appellate Tribunal (ST AT) to dispose of the appeal filed by the 
F appellant as expeditiously as possible. Hence the present appeal. 
Appellant contended that the High Court was totally confused about the 
issues and the reliefs sought for in the petition; that the appeal then pending 
before STAT had nothing to do with the issues involved in the petition; and 
that even otherwise the writ petition could not have been disposed of in the 
G manner done; and that even the basic grievances and respective stand have 
not been discussed. 
Disposing of the appeal, the Court 
HELD: The dispute before the State Transport Appellate Authority was 
totally unconnected with the subject matter to dispute in the writ petition. As 
H 
1% 
. 
PUNE TAXIMEN'S CONSUMER CO-OP. SOCIETY LTD.'" THE REGIONAL TPT. AUTHORITY. BOMBAY IPASA\'AT. I.I 147 
the High Court's order is totally confusing and even does not indicate any A 
reason for arriving at various conclusions, it would be appropriate for the 
High Court to re-hear the matter and to consider the respective stand of the 
parties and pass necessary orders. [148-H; 149-A-B) 
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 5022 of2006. 
From the final Judgment and Order dated 28-9-2004 of the High Court 
of Judicature at Bombay in Writ Petition No.2207/2004. 
Pravin Statale and Naresh Kumar for the Appellant. 
B 
Shrikant Pareshnath Hathi, Ravindra K. Adsure and V.N. Raghupathy C 
for the Respondents. 
The Judgment of the Court was Delivered by 
ARIJIT PASA Y AT, J. Leave granted. 
Appellant calls in question legality of the judgment in writ petition No. 
2207 of2004 decided on 28.9.2004 by a Division Bench of the Bombay High 
Court. Respondent No.5, a Society registered under the Trade Unions Act, 
1926 (in short the 'Act'), and its members filed the writ petition for a direction 
D 
to the respondents to implement recommendations made by the sub-committee 
appointed by Regional Transport Authority (in short the 'RTA') (Respondent E 
No. I). They also prayed that the respondents be directed to implement the 
Resolution dated 4.2.2004 passed in a meeting under the Chairmanship of 
respondent No.1-RTA. The High Court noted the undertaking given by the 
Pune Taximen's Consumer Co-operative Society Ltd. (in short the 'Pune 
Society'), the present appellant to shift Gala Nos.P-49 to P-52 within a period F 
of two weeks. It directed the RTA to ensure that Resolution No.15 dated 
4.2.2004 is fully implemented. Direction was also given to ensure that the 
recommendation of the sub-committee was implemented fully. 
Learned counsel appearing for the Pune Society-present appellant had 
submitted before the High Court that their appeal was pending before the G 
State Transport Appellate Tribunal (in short the 'STAT'). 
By the impugned order, the High Court directed the STAT to dispose 
of the appeal as expeditiously as possible preferably within three months from 
the date of ordt:r. It was stated that the shifting of appellant-Pune Society 
H 
148 
SUPREME COURT REPORTS [2006] SUPP. 9 S.C.R. 
A (

Excerpt shown. Read the full judgment & AI analysis in Lexace.