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2002 Supreme(SC) 870

RUMA PAL, S.S.M.QUADRI
Mahakoshal Tourist, Napier Town – Appellant
Versus
State Of M. P. – Respondent


ORDER

Civil Appeal Nos. 5560, 5561, 5562-70 of 2002 @ SLP (C) No. 4771/1994 and SLP (C) No. 5034/1994 and SLP (C) Nos. 4516-4524/1995 :

Leave is granted.

2. This batch of appeals arises from the common judgment and order of the High Court of Madhya Pradesh (Jabalpur Bench) passed on February 9, 1994 in various writ petitions filed by bus operators holding All-India Tourist permits.

3. The State of Madhya Pradesh passed The Madhya Pradesh Motoryan Karadhan Adhiniyam, 1991 [for short, Act 25 of 1991 ] under Entry 57 of List-II of the Seventh Schedule to the Constitution. The said Act was subsequently amended by Act 26 of 1991. Act 25 of 1991, thus amended, was challenged before the High Court of Madhya Pradesh, inter alia, on the ground of lack of legislative competence. The High Court repelled the contention and dismissed the writ petition (Misc. Petition No. 39 of 1992) on 1st October, 1992. Subsequently, Act 25 of 1991 was again amended by Act 10 of 1993, which was also questioned but it was upheld by the High Court in Jabalpur Bus Operators Association & Ors. vs. Union of India & Ors. (Misc. Petition No. 1646 of 1993), reported in 1993 M.P.L.J. 992. The scope of challenge




























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