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1968 Supreme(SC) 307

R.S.BACHAWAT, S.M.SIKRI
Dhani Devi – Appellant
Versus
Sant Bihari Sharma – Respondent


Advocates:
For the Appellant :Ajay Vaid, Advocate
For the Respondents:Seema Shekhar, A.A.G. and Adarsh Sharma, Advocate

Judgment

BACHAWAT, J.: Several persons including one Ram Bichar Singh filed applications for the grant of a permanent stage carriage permit for the Chapra-Masrakh-Siwan-Gopalganj route before June 15, 1963 the last date appointed for the receipt of the applications by the North Bihar Regional Transport Authority. Ram Bichar Singh died on April 12, 1965 before the final disposal of his application. His widow Dhani Devi succeeded to the possession of the transport vehicles left by him and accordingly under Section 61 (2) of the Motor Vehicles Act, 1939, the Regional Transport Authority transferred to her all the permits held by him for other routes. On May 4, 1966, the Regional Transport Authority considered all the applications, allowed Dhani Devi to prosecute the application filed by her husband and directed the grant of the permit to her. Sant Bihari Sharma, Chandra Kirti Singh and other unsuccessful applicants filed appeals against the order under S. 64. At the hearing of the appeals it was contended that the order was without jurisdiction as Dhani Devi had no right to prosecute the application filed by her husband. The State Transport Appellate Authority accepted the contention,









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