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1972 Supreme(Pat) 64

AKBAR HUSAIN, N.L.UNTWALIA
Badri Narain Singh – Appellant
Versus
Under Secretary To Govt. Of Bihar – Respondent


Judgment

1. The petitioner had a Stage Carriage permit to operate on the route Rohtas-Tilauthu-Sasaram-Kochas. The timing fixed for operation of his service was 8-30 a.m., i.e., the departure time of his bus from Rohtas was 8-30 a.m. He made an application to the South Bihar Regional Transport Authority, respondent No. 3, to change the timing. He said that the departure time 8-30 a.m. was not suitable to him. The earliest bus which started from Rohtas was at 6-40 a.m. The prayer of the petitioner was to fix a time earlier than that, give an election to the senior operators to start their bus at an earlier time, 5-50 a.m.; if any of them agreed to do so then the petitioner may be fitted in his timing, but if any of them did not agree to do so then he should be permitted to start his bus from Rohtas at 5-50 a.m. Some of the operators of this route did not agree to start their bus at 5-50 a.m. Some others who had a longer route were prepared to do so but since their doing so would have affected the service on the longer routes at different points, respondent No. 3 did not accede to their prayer. A copy of the order of respondent No. 3 dated 11-12-65 is Annexure 1 to the writ applicatio








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