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1988 Supreme(Kar) 132

H.G.BALAKRISHNA
YASHODARA KADAMBA – Appellant
Versus
K. S. T. A. T. – Respondent


Advocates:
B.R.S.GUPTA, K.SRINIVAS GOWDA

BALAKRISHNA, J.

( 1 ) IN this writ petition, the petitioner has questioned the resolution passed by the 2nd respondent in Subject No. 173/ 87-88 dated 16-1-1988 (vide Annexure 'a') and also the order of 1st respondent passed in URA No. 98/1988 dated 4-3- 1988 (vide Annexure 'b') and sought the issue of a writ of certiorari for quashing annexures 'a' and 'b' and further for a mandamus directing 2nd respondent to grant replacement of the vehicle as prayed for by the petitioner.

( 2 ) THE facts of the case are as follows: The petitioner is the holder of a stage carriage permit authorised to operate on the route Mangalore to Malleshwara and by vehicle bearing No. CTA 9878 of 1987 model having a seating capacity of 48+2 + 10. Thereafter, the petitioner acquired a vehicle bearing No. CR X 9877 which is also of 1987 model vehicle having a seating capacity of 32 + 2+7 (Mitsubishi ). The petitioner applied on 6-1-1988 for replacement of the present vehicle of 1987 model to subserve public interest.

( 3 ) THE 2nd respondent vide resolution dated : 16th January, 1988 in Subject no. 173/87-88 rejected the application vide Annexure 'a'. The petitioner preferred an appeal before the 1st responde











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