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1959 Supreme(Pat) 31

V.RAMASWAMI, R.K.CHOUDHARY
Sukhdeo Kumar – Appellant
Versus
State Of Bihar – Respondent


Judgment

1. This application is made on behalf of the petitioner, Sukhdeo Kumar, for grant of a writ in the nature of certiorari under Article 226 of the Constitution for calling up and quashing the order of the Appeal Board of the State Transport Authority, dated 30-4-1958, by which the Appeal Board allowed the appeal and set aside the order of the Regional Transport Authority fixing timings for various operators on the Purnea-Rupauli route.

2. It was submitted by learned Counsel on behalf of the petitioner that the order of the Appeal Board is without jurisdiction because there was no right of appeal provided under Sec. 64 of the Motor Vehices Act against the order of the Regional Transport Authority fixing the timings of arrival and departure of stage carriages. It was submitted on behalf of the petitioner that this case is governed by the ratio decidendi of the decision of this High Court in Phulchand Ram V/s. State of Bihar, Misc. Judl. Case No. 163 of 1957, D/- 14-1-1959 (Pat) where an exactly similar point of law arose and in which it was held that the State Transport Authority has no jurisdiction to set aside on appeal an order of the Regional Transport Authority fixing the


























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