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1962 Supreme(SC) 342

P. B. GAJENDRAGADKAR, K. N. WANCHOO, K. C. DAS GUPTA, B. P. SINHA, J. C. SHAH
Gandhara Transport Company LTD. – Appellant
Versus
State Of Punjab – Respondent


Advocates:
BISHAN NARAIN, DAYAL SVARUP NEHRA, K.L.GOSAI, K.L.Mehta, NAUNIT LAL, S.K.MEHTA

Judgment

SHAH, J. : By order dated October 23, 1956 the Regional Transport Authority. Patiala granted a permit to one Manohar Singh for plying a stage carriage on the Bhatinda-Khera (via Bajekhanna)-Jaitu-Kot Kapura route which was about 55 miles long. This route covered 35 miles of the Bhatinda-Kot-Kapura-Faridkot route for which the appellants M/s. Gandhara Transport Co. Ltd., held permits for playing their vehicles. In appeal against the order passed by the Regional Transport Authority, the appellants authority cancelled the permit in favour of Manohar Singh but the order of the Appellate Authority was set aside by the Minister in-charge of the Transport Department, Punjab State, in revision, and it was directed that a fresh temporary permit be granted to Manohar Singh for plying vehicles on the route for which he had been given a permit. The appellants then preferred a petition under Art. 226 of the Constitution before the High Court of Punjab, challenging the validity of the order passed by the Minister. Before this writ petition could be heard the period of the temporary permit expired and Monohar Singh applied to the Regional Transport Authority for renewal of the permit. The









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