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1973 Supreme(Pat) 58

N.L.UNTWALIA, S.SARWAR ALI
Rajput Transport Co. – Appellant
Versus
Nand Kishore Prasad – Respondent


Judgment

Untwalia, J.

1. At the relevant time in the year 1970 the petitioner held a stage carriage permit for the route-Dumraon-Dehri-in the district of Shahabad (now districts Bhojpur and Rohtas). This permit which had been granted a few years back was valid up to December. 1971. The timing of running this service, which was coming from before and which was fixed at the time of the last renewal granted sometime before 1970. was 11.30 A. M. for departure from Dumraon reaching Dehri at 4.30 P. M. For the return journey the time of departure from Dehri was 5.15 P. M. reaching Dumraon by 11.30 P. M. Respondent No. 1 also at the relevant time, held a stage carriage permit on the above mentioned route. His time of departure from Dumraon was 5.30 A. M. reaching Dehri at 10.30 A. M. For back journey the time for departure from Dehri was 12.10 P.M. and that of arrival at Dumraon was 4.50 P. M. The petitioner filed an application before the South Bihar Regional Transport Authority, Patna, for the revision of the tunings of its service. But this application was rejected. On 2-5-1970 it filed another application for change of its timings which was allowed not by the Regional Transport Authori


















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