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1952 Supreme(SC) 86

VIVIAN BOSE, N. CHANDRASHEKAR AIYAR, M. PATANJALI SASTRI, B. K. MUKHERJEE, GHULAM HASAN
T. B. Ibrahim. Proprietor, Bus Stand, Tanjore – Appellant
Versus
Regional Transport Authority, Tanjore – Respondent


Advocates:
G.B.Jagadisa Iyer, H.RAJADHYAKSHA, M.S.K.Shastri, V.K.T.Chari, V.V.RAGHAVAN

Judgment

GHULAM HASAN J.: This appeal brought by special leave under Art. 136 (1) of the Constitution is directed against the order dated February 6, 1951, of the High Court of Judicature at Madras, dismissing the petition of the appellant under Art. 226, praying for the issue of a writ of certiorari to quash the order dated November 10, 1950, passed by the respondent in the following circumstances :-

2. The appellant is the lessee of a site to the town of Tanjore to the State of Madras upon which he has a bus-stand. The bus-stand originally belonged to the Tanjore Municipality and the appellant merely held a licence from that authority. Later on, the title of the Municipality to the site was questioned by a third party and in a civil litigation which ensued the title of the Municipality was negatived. There upon the appellant obtained the lease-hold right of the site from the true owner and constructed a bus-stand conforming to the design approved by the Municipality. Besides sheds for passengers and vehicles it provided other amenities. It was situated near the Railway Station and most of the buses leaving Tanjore for out-Station journeys used this bus-stand both as the starting po







































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