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1956 Supreme(Kar) 30

H.HOMBE GOWDA, N.SREENIVASA RAU
K. MOHAMED PEER – Appellant
Versus
STATE OF MYSOEE – Respondent


Advocates:
D.M.CHANDRASEKHAR, E.S.Venkataramaiah, G.S.Ullal

NITTOOR SREENIVASA RAU, J.

( 1 ) THE Petitioner is a holder of a permit to ply a State carriage service between Bangalore and Mandya via Kanakapura. Respondent 2 holds a permit for running a State carriage service between Mandya and Kanakapura. It is stated by the Petitioner that the State Transport Authority published a notification in the issue of the Mysore Gazette dated 5-11-1954 proposing a change of timings in regard to Petitioner's service and calling for representations or objections. Objections were heard and the State Transport Authority decided that there was no good , reason to revise the timings. Eespondent 2 preferred an appeal to Government (Respondent 1) against this decision. Respondent 1 has passed orders altering the timings for the running of the Petitioner's service. As a result of this alteration the petitioner's State carriage which was reaching Kanakapura at 1-30 P. M. and departing to Mandya at 1-40 P. M. was to leave kanakapura at 3-15 p. M. which meant a halt at Kanakapura for over an hour and a half. This order of Government is challenged on various grounds. But it appears to us that it is enough to consider only one of the grounds, viz. , that Governmen






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