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1955 Supreme(AP) 206

BHIMASANKARAM, JAGMOHAN REDDY, VISWANATHA SASTRY
KANCHANA KESAVA RAO – Appellant
Versus
KOSURI SUBBARAJU – Respondent


VISWANATHA SASTRY, J.

( 1 ) THIS is an appeal from the Judgment of Balakrishna Ayyar J. quashing an order of the Government G. O. No. 230, Home d/ 22-1-1952, passed under sec. 64-A of the Motor Vehicles Act (hereinafter referred to as " the Act" ). On 12-12-1950, the Regional Transport Authority, West Godavari (hereinafter referred to, for the sake of brevity, as R. T. A.) granted a stage carriage permit on the route between Narasapur and Juvvalapalem to one k. Kesava Rao who was selected from among 33 applicants for the reason that " (a) his father was the first bus operator in the district and he has sufficient property to buy a bus and (b) the claims of the others arc inferior. " seven of the disappointed applicants for the permit including one K. Subbaraju applied to the Central Road Traffic Board, Madras (hereinafter referred to as C. R. T. B.) which passed an order on 31-3-1951 setting aside the order of the R. T. A. granting the permit to K. Kesavarao and directing the permit to be given to K. Subbaraju. The reason given by the C. R. T. B. for its order was as follows :" In our opinion, appellants like No. 5 (K. Subbaraju) and No. 1 (Venkatasomaraju) who own one and two buse






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