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1984 Supreme(SC) 118

D.A.DESAI, RANGANATH MISRA
S. Shamshuddin – Appellant
Versus
State of Karnataka – Respondent


Advocates:
B.P.SINGH, H.VAHI, J.R.DAS, K.G.Bhagat, K.N.BHATT, K.R.NAGARAJA, K.S.HEGDE, M.N.SHROFF, M.VIRAPPA, MADHU MULCHANDANI, N.K.SHARMA, P.K.PALLI, P.N.Ramalingam, R.B.DATAR, R.RAMACHANDRAN, RANJIT GHOSAL, S.CHATTERJEE, S.K.PRASAD, S.S.JAVALI, SHANTI BHUSHAN, SVARAJ KAUSHAL, V.K.VARMA, VINIT KUMAR

JUDGMENT

DESAI, J.:— The intrepid albeit affluent transport operators again succeeded in their none-too-legal designs to operate vehicles not by obtaining statutory permits but to put it mildly by abuse of the courts process.

2. By a judgment rendered by this Court in S. Kannan v. Secretary, Karnataka State Road Transport Authority (1984) 1 SCC 375. On August 29, 1983, this Court held that grant of a temporary all-India tourist permit is foreign to the very concept of all-India tourist permit as envisaged by sub-section (7) of Section 63 of the Motor Vehicles Act, 1939 and accordingly an unusually large number of temporary all-India tourist permits obtained pursuant to the interim relief granted by this Court were set at naught. Some of the present petitioners were directly parties to the petitions disposed of by that judgment. Indefatigable as they are they again approached this Court by a camouflage of challenging the validity of quota of fifty such permits fixed by the Central Government in respect of all-India tourist permit for each State as per Notification No. S. O. 22 dated December 19, 1977 as also failure to fill in the vacancies by the State Transport Authority in Karnata



















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