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1977 Supreme(SC) 317

N.L.UNTWALIA, P.K.GOSWAMI
Sharif Ahmed: Mehar Chand Gupta: Ram Murti Devi: Sudharani Sharma – Appellant
Versus
Regional Transport Authority, Meerut – Respondent


Advocates:
A.K.SEN GUPTA, B.SEN, CHITRA BHADRI, F.P.GOYAL, M.V.GOSWAMY, O.P.RANA, R.K.GARG, RANI ARORA, S.C.AGRAWAL, S.Markandaya, S.N.KACKAR, SHRI PAL SINGH, V.J.Francis, YOGESHAR PRASAD

JUDGMENT

N. L. UNTWALIA, J.:— In this batch of seven appeals by special leave the points involved are identical. It is a glaring example of unnecessary litigation between the various stage carriage operators, which could have been avoided if the State Government of Uttar Pradesh would not have come out with varying laws and oscillating policies. The facts of all the appeals are similar and common except in regard to the parties, routes in question, and some other consequential details. We proceed to state the facts from Civil Appeal No. 1214 of 1977 only.

2. Under Section 47 (3) of the Motor Vehicles Act, 1939 - hereinafter to be referred to as the Central Act - the Regional Transport Authority, Meerut had limited the number of state carriage permits to be thirty only for the route Meerut Rohta Sinauli Baraut. In or about the year 1971 an advertisement was made calling for the applications to fill up eight vacancies, as twenty-two permits out of the limit of thirty having been already granted were operative and in force. In October, 1971 the Regional Transport Authority granted eight permits to the respondents in one appeal or the other. Fifty applicants who were not granted permits

























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