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1985 Supreme(SC) 280

E.S.VENKATARAMIAH, R.B.MISRA
Phool Chand Gupta – Appellant
Versus
Regional Transport Authority, Ujjain – Respondent


Advocates:
R.K.JAIN, R.P.SINGH PAL, RAMESHWAR NATH ROY, RAVINDER BANA

Judgment

VENKATARAMIAH, J.:- This is a petition filed under Art. 32 of the Constitution. The petitioner applied to the Regional Transport Authority, Ujjain in the State of Madhya Pradesh for the issuance of stage carriage permit under the provisions of the Motor Vehicles Act, 1939 (hereinafter referred to as the Act) to operate a stage carnage service on the route between Bhadavmata and Mandsaur in the year 1968. Since a draft scheme prepared by the Madhya Pradesh State Road Transport Corporation (the State Transport Undertaking) under S. 68-C of the Act covering the said route had been published as scheme No. 72 in the year 1965 proposing to operate stage carriage services on the route to the exclusion of other operators and the said scheme had not yet been published as the approved scheme as required by S. 68-D of, the Act his application was kept pending by the Regional Transport Authority, Ujjain Region, Ujjain by its order dated Jan. 20, 1977. Because the approved scheme has not been published till today even after the lapse of 20 years from the date of its publication under S. 68-C of the Act the petitioner has filed this petition requesting the court to quash the draft scheme











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