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1975 Supreme(SC) 247

N.L.UNTWALIA, P.K.GOSWAMI, A.ALAGIRISWAMI
Kundur Rudrappa – Appellant
Versus
Mysore Revenue Appellate Tribunal – Respondent


Advocates:
B.P.SINGH, H.B.DATAR, K.N.BHATT, S.S.JAVALI

Judgment

GOSWAMI, J.:- This appeal by special leave is directed against the judgment of the Mysore High Court (now High Court of Karnataka). of Feb 9, 1973, rejecting the appellant s writ petition under Article 226 of the Constitution by which the orders of the State Transport Appellate Tribunal and the Mysore Revenue Appellate Tribunal had been challenged.

2. Briefly the facts are as follows:

The appellant was granted a stage carriage permit under Section 48 of the Motor Vehicles Act, 1939 (briefly the Act) for the route Devanagere to Shimoga via Honnali by the Regional Transport Authority, Shimoga, by its order dated May 3/4, 1963. Some of the respondents preferred appeals against the said order to the State Transport Appellate Tribunal and obtained stay of the order. The appeals were, however, dismissed on September 27, 1963. Again, some of the respondents preferred further appeals to the Mysore Revenue Appellate Tribunal against the order of the State Transport Appellate Tribunal. This time also the appeals met with the same fate and were dismissed on 27-21967. It appears, however, that no order of stay was granted by the Mysore Revenue Appellate Tribunal.

3. On April 25, 1967, the








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