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1953 Supreme(Bom) 96

Y.V.DIXIT, M.C.CHAGLA
Gandhinagar Motor Transport Society – Appellant
Versus
State of Bombay – Respondent


JUDGMENT - Chagla, C.J.

1. In February 1949 the petitioners were granted a permit to run a transport bus for carrying passengers on the Kolhapur-Valivade route under the provisions of the Motor Vehicles Act. On 23-5-1951, the petitioners applied to the Regional Transport Officer for a permit to run a second bus. The Regional Authority held a meeting on January 30, 1952, to consider the application, and on 3-3-1952, he granted a permit to the petitioners. Respondent 4 and 2 others had also applied for a permit, but their application was rejected. Respondent 4 appeal- ed to the State Transport Authority, and on 30-6-1952, the appeal of respondent 4 was dismissed. Respondent 4 went in appeal to Government and the Government by their order dated 15-1-1953, reversed the decision of the Regional Transport Officer and directed that a permit should be granted to respondent 4. It is that order which is challenged before us by the petitioners.

2. Two preliminary objections have been taken by the Advocate General, and in our opinion both the objections are good and must be upheld. The first objection is as to delay. The order which is challenged was passed on 15-1-1953, and the petition chal











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