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1972 Supreme(SC) 403

I.D.DUA, K.K.MATHEW, A.N.RAY
R. M. Subbaraj – Appellant
Versus
Kodaikanal Motor Union Private LTD. – Respondent


Advocates:
D.N.Mishra, G.I.SANGHI, M.K.RAMAMURTHY, SANJA GAPALKRISHNAN

Judgment

RAY, J.:- This appeal is by certificate from the judgment dated 11 August, 1964 of the High Court of Madras reversing the decision of the learned Single Judge. The High Court issued a writ quashing the order of the State Transport Appellate Tribunal, Madras and directed the Appellate Tribunal to determine the question of grant of permit "outside the ambit of the impugned Government Order No. 2265 dated 9 August, 1958".

2. The appellant and the respondent applied to the Regional Transport Authority for the grant of six stage carriage permits. The respondent alleged to have maximum operational communication. The Regional Transport Authority directed the grant of one permit each on two out of six routes to the respondent.

3. The appellant filed an appeal to the State Transport Appellate Tribunal. The State Transport Appellate Tribunal considered the appellant to be the only qualified medium route operator. The State Transport Appellate Tribunal set aside the grant of two permits to the respondent and directed the grant of one to the appellant and the other to another appellant before the State Transport Appellate Tribunal.

4. The respondent filed a writ petition in the High Court












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