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1961 Supreme(SC) 383

M. HIDAYATULLAH, P. B. GAJENDRAGADKAR
Nilkanth Prasad: Rai Jai Krishna: Debi Singh: Tansukh Rai Jain: Ram Sanehi Singh: Nawalkishore Lal: Road Transport Company, Dhanbad – Appellant
Versus
State Of Bihar: State Of Bihar: State Of Bihar: State Of Bihar: State Of Bihar: State Of Bihar: Secretary, Chhotanagpur Regional Transport Authority, Ranchi – Respondent


Advocates:
A.V.VISHWANATHA SASTRI, B.P.JHA, L.S.SINHA, LAL NARAIN SINHA, S.P.Varma

Judgment

HIDAYATULLAH, J. : The judgment in Civil Appeal No. 534 of 1961 will dispose of Civil Appeals Nos. 535 to 539 of 1961. In these appeals, private operators of omnibuses challenge the orders of the Appeal Board of the State Transport Authority, by which it set aside the renewal of the permits on certain routes granted by the South Bihar Regional Transport Authority, Patna. The appellants held previously stage carriage permits over certain routes, which were due to expire in December, 1958 or in January, 1959. They had applied for renewal of their permits under S. 58 (2) of the Motor Vehicles Act. Under a scheme framed and notified on July 8, 1957, vide Notification No. P-2-203/57T/4794, the route, Gaya to Khijirsarai, was notified under S. 68D of the Motor Vehicles Act. The Rajya Transport, Bihar, was exclusively allowed to operate on that route. In Civil Appeals Nos. 535 to 538 of 1961, the Rajya Transport, Bihar, filed objections against the renewal of the permits. In Civil Appeals Nos. 534 and 539 of 1961, no objections were filed. The route, Gaya to Khijirsarai, which may be called conveniently route AB formed part of routes, on which the appellants were operating, and

























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