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1976 Supreme(SC) 332

P.N.BHAGWATI, S.MURTAZA FAZAL ALI
Mohammad Ashfaq – Appellant
Versus
State Transport Appellate Tribunal, U. P. – Respondent


Advocates:
G.N.DIKSHIT, O.P.RANA, RANI ARORA, YOGESHAR PRASAD

JUDGMENT

BHAGWATI, J. :— This appeal by special leave is directed against an order passed by the High Court of Allahabad rejecting a writ petition filed by the appellant challenging the validity of an order of the State Transport Appellate Tribunal confirming an order of the Regional Transport Authority rejecting the application of the appellant for renewal of his stage carriage permit for the route Nagina-Jaspur.

2. The route Nagina-Jaspur lies within the jurisdiction of the Regional Transport Authority Bareilly. The appellant and his brother Mohd. Afaq held a stage carriage permit for this route for some years and it was due to expire on 1st July 1971. Before the expiration of the period of permit, however, a scheme was prepared and published by the State Transport Undertaking under Section 68-C of the Motor Vehicles Act, 1939 (hereinafter referred to as the Act) and this scheme covered the route Nagina-Jaspur. The publication of this scheme did not effect the validity of the permit of the appellant and Mohd. Afaq and they continued to ply their motor vehicles on the route Nagina-Jaspur on the strength of the permit. During the currency of the permit, several amendments of a far-r
























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