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1974 Supreme(SC) 123

D.G.PALEKAR, P.N.BHAGWATI, V.R.KRISHNA IYER
Patiala Bus (Sirhind) Private LTD. – Appellant
Versus
State Transport Appellate Tribunal, Punjab – Respondent


Advocates:
B.R.L.Iyengar, Hardayal Hardy, K.R.NAGARAJA, L.Grover, M.N.SHROFF, M.Qamaruddin, O.P.Sharma, S.K.MEHTA, S.N.Mishra, S.S.JAUHAR, VINOD DHAVAN

Judgment

BHAGWATI, J.:- This appeal, by special leave, is directed against an order dated 28th May, 1973 passed by the High Court of Punjab and Haryana summarily rejecting a writ petition filed by the appellant for quashing and setting aside an order dated 19th May, 1973 passed by the State Transport Appellate Tribunal in appeal against an order dated 29th March, 1971 made by the State Transport Commissioner, Punjab. The dispute in the appeal relates to Malerkotla-Barnala Bhatinda route situate in the Pepsu territories of the State of Punjab. The appellant is a company engaged in the business of carrying passengers by motor vehicle for hire or reward and at all material times it held two stage carriage permits each for a return trip, on Malerkotla - Barnala - Bhatinda route. It was found that passenger traffic on Malerkotla - Barnala - Bhatinda route was very heavy and two return trips, for which two stage carriage permits had been issued to the appellant, were not adequate to meet the need of the passenger traffic. The State Transport Commissioner, Punjab, therefore, decided to increase the number of return trips from two to six, and invited applications for the grant of four stage














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