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1994 Supreme(Kar) 117

H.N.TILHARI, S.A.HAKEEM
KARNATAKA STATE ROAD TRANSPORT CORPORATION – Appellant
Versus
KARNATAKA STATE TRANSPORT APPELLATE TRIBUNAL – Respondent


HAKEEM, J.

( 1 ) KARNATAKA State Road Transport Corporation, the appellant herein, had challenged the correctness and validity of the order passed by the Karnataka State Transport Appellate Tribunal, affirming the order made by the Regional Transport Authority, granting renewal of the Stage Carriage Permit in respect of certain route from Tumkur to Bangalore and back. The consistent stand of the appellant has been that a portion of the route measuring about 8 K. Ms. from Nelamangala to Begur Cross overlaps the notified route under the Bangalore Scheme and, as such, the renewal is illegal. The Authorities below as well as the learned Single Judge rejected the appellant's contention on the ground that since the contesting respondent had been operating the route for the past 29 years under the original permit and renewal thereof from time to time, and no attempt having been made by the appellant to question such renewal is a conduct which would disentitle it to object to the renewal at this stage.

( 2 ) IT is well settled that where a route is nationalised, a private operator with a permit to ply a stage carriage permit over another route but which has a common overlapping sector wi



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