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1961 Supreme(SC) 181

P.B.GAJENDRAGADKAR, N.RAJAGOPALA AYYANGAR, A.K.SARKAR, K.N.WANCHOO, K.C.DAS GUPTA
Abdul Gafoor Proprietor, Shaheen Motor Service, Channaryapatna. – Appellant
Versus
State Of Mysore – Respondent


Advocates:
A.V.VISHWANATHA SASTRI, B.R.L.Iyengar, K.P.BHATT, M.C.SETALVAD, R.GOPAL KRISHNAN, T.M.SEN

Judgment

DAS GUPTA, J. : The petitioner, who is the proprietor of the Shaheen Motor Service, used to ply a motor bus for hire on the route Archalli to Saravanabelgola in Hassan District in the State of Mysore. A scheme under S. 68-C of the Motor Vehicles Act of 1939 having been published by the Mysore Transport Undertaking, the petitioner as one of the persons affected thereby filed objections to the scheme before the State Government under S. 68-D (1) of the Act. The State Government, however, after considering the objections and hearing the petitioner approved the scheme, subject to a slight modification with which we are not concerned. This approval was given on December 22, 1959. In pursuance of this approved scheme the State Transport Undertaking-the 2nd respondent before us - made applications for permits but before the Regional Transport Authority could issue such permits the present petition was filed praying, in the first place, for a writ of certiorari to quash the scheme and some consequential directions, and secondly for a writ of "prohibition" to the Regional Transport Authority, Hassan District, who is the third respondent before us "to refrain from dealing with the ap














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