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1960 Supreme(SC) 207

J. L. KAPUR, K. N. WANCHOO, K. SUBBA RAO, P. B. GAJENDRAGADKAR, B. P. SINHA
Samarth Transport Company Private LTD. – Appellant
Versus
Regional Transport Authority, Nagpur – Respondent


Advocates:
A.V.VISHWANATHA SASTRI, B.R.L.Iyengar, C.K.DAFTARY, R.Ganapathy Iyer, R.H.Dhebar

K.SUBBA RAO, J.

(1) THIS is a petition under Art. 32 of the Constitution to quash the order of the first respondent dated 28/04/1960, and the scheme dated 20/04/1960, and to direct the first respondent to deal with the application of the petitioner for renewal of its permit in accordance with law.

(2) THE petitioner was doing business of motor transport in Bombay State for over 26 years. It had four permanent stage carriage permits granted some years ago and renewed from time to time to ply buses on the following routes:

(I) Yeotmal-Umerkhed . . 2 return trips.

(II) Yeotmal-Pusad. . . 4 return trips.

The term of the latest permits expired on 31/12/1959. About four months prior to the expiry of the permits the petitioner applied on 24/08/1959, for the renewal of the permits under S. 58(2) of the Motor Vehicles Act, 1939 (Act IV of 1939) (hereinafter called the Act). On 29/10/1959, the State Transport Department published its proposed scheme for the nationalization of the road transport services in respect of an area which included the routes of the petitioner. On 9/11/1959, the petitioner wrote a letter to the secretary, the Regional Transport Authority, Nagpur













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