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1968 Supreme(SC) 95

K. S. HEGDE, M. HIDAYATULLAH, C. A. VAIDIALINGAM, A. N. GROVER, R. S. BACHAWAT
Kishanchand Narsinghdas Bhatia – Appellant
Versus
State Transport Appellate Authority, Gwalior – Respondent


Advocates:
A.G.Ratnaparkhi, G.L.SANGHI, M.C.CHAGLA, S.K.Gambhir, S.V.Gupta

Judgement

GROVER, J. : This appeal by special leave is from the judgment of the High Court of Madhya Pradesh dismissing a petition filed under Articles 226 and 227 of the Constitution challenging an order made by the State Transport Appellate Authority in respect of a stage carriage permit for the route, Digthan-Indore via Ghata Billod.

2. The appellant had applied for renewal of his stage carriage permit for that route. Respondent No. 3 and another person of the name of Balwantrao Gaikwad and the Madhya Pradesh Road Transport Corporation filed applications for grant of a fresh permit for the same route. As the application of Balwantrao Gaikwad was not ripe for hearing and the Corporation withdrew its application, the Regional Transport Authority considered the rival claims of the appellant and respondent No. 3. The latter made an offer at the hearing that he would run an air-cooled 1965 model vehicle. The Transport Authority, however, took the view that the offer had been made by way of a competitive bid. In its opinion both the applicants were at par in the matter of coverage and adverse remarks, but the appellant was superior in experience and provision of facilities for passenger











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