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1965 Supreme(AP) 215

JAGMOHAN REDDY
R. VEERAYYA AND M. SIDDALINGAIAH BY ITS PARTNER R. VEERAYYA – Appellant
Versus
State OF A. P. REPRESENTED BY ITS SECRETARY, HOME (TRANSPORT) DEPARTMENT, HYDERABAD – Respondent


JAGMOHAN REDDY, J.

( 1 ) THESE eight writ petitions raise a common question of law, namely, whether riles 189 and 190 of the A. P. Motor Vehicles Rules 1964 made under Sec 64 read with Sec. 68 (j) of the Motor Vehicles as Act (4 of 1939) are ultra vires the powers of the Government and must therefore be struck down. Apart from this, in Writ Petition No. 749/65, there are certain other questions which require determination on the facts and merits of that particular case. It is therefore necessary to set out the facts in that writ petition.

( 2 ) THE petitioner therein is a transport operator in Chittoor District having 6 tage-carriage permits, to ply motor buses in Chittoor district. He has a well- equipped workshop and has been in the field as an operator of motor busks for 20 years. The Road Transport Authority called for applications for grant of a stage carriage permit on the route Chittoor to Salem, which is a long distance route, by its notification No. 14992/a1/62 pursuant to which 28 applications were filed, the petitioner being No. 16 of the applicants, and the 4th respondent is applicant Nos. 9 and 10. After notifying these applicatins under sec. 57 (3) of the Act, the matt










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