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1959 Supreme(SC) 197

J. L. KAPUR, SYED JAFAR IMAM, B. P. SINHA, K. N. WANCHOO, K. C. DAS GUPTA
Y. Mahaboob Sheriff And Sons: Y. Mahaboob Sherift: S. Shamsoddin – Appellant
Versus
Mysore State Transport Authority, Bangalore – Respondent


Advocates:
B.R.L.Iyengar, C.K.DAFTARY, H.N.SANYAL, R.GOPAL KRISHNAN, T.M.SEN

Judgment

WANCHOO, J.: (For himself, Sinha, C.J.I., and Imam and K. C. Das Gupta, JJ.) These are two connected petitions under Art. 32 of the Constitution and raise similar points and will be disposed of by this judgment.

2. The brief facts necessary for their disposal are these: The petitioners are transport operators in what is known as the Anekal-pocket of the State of Mysore. They held stage carriage permits for various routes, which were expiring on March 31, 1958. They therefore applied for the renewal of the permits on various dates in January 1958 as required under the law. Normally, their applications should have been disposed of before March 31, 1958. However, on February 1, the Mysore Government Road Transport Department (hereinafter called the Department) made applications under Chapter IV of the Motor Vehicles Act, No. IV of 1939, (hereinafter called the Act) for grant of permits on the same routes for which renewal applications were pending. The Department followed this up by a letter dated February 25, 1958, to the Regional Transport Authority, Bangalore, (hereinafter called the Authority). In this letter, the Authority was informed that the Department had already submi































































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