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1970 Supreme(Cal) 36

ARUN KUMAR MUKHERJEE, SABYASACHI MUKHARJEE
KALI KINKAR KUNDU – Appellant
Versus
SADHAN CHANDRA DEY – Respondent


Advocates Appeared:
KALYANMAY GANGULY, SANKARDAS BANERJI, Smriti Kumar Roy Chaudhury, Sudhangsu Bhusan Sen, SUSHIL KUMAR BANERJEE

ARUN K. MUKHEKJEA, J.

( 1 ) THIS Is an appeal against the judgment and order dated 25th July. 1968 of A. K. Sinha, J. by which his Lordship issued a Writ in the nature of Certiorari to quash a resolution made by the Regional Transport Authority, Bankura, on 27th September, 1965.

( 2 ) THE short facts of the case are as follows: The appellant made an application for the grant of a stage carriage permit on the route from Bankura to Durgapore Railway Station via Beliatore. Sadhan Chandra Dey, Sunil Kumar Banerjee, Lakshmi Rani Dey, Bhola Nath Banerjee and Kalipada Dey, who are the petitioners in the application under Art. 226 of the Constitution, claimed to have jointly applied for the same permit. They say that they were desirous of forming a limited company for the purpose of carrying on a transport business under the name and style M/s. S. C. Dey and Co. (P.) Ltd. The application was made actually under the name and style of M/s. S. C. Dey and Co. (P.) Ltd. In the application, the names of the petitioners were given as "partners" of the said Company. At page 34 of the paperbook, there is a copy of the verification roll which had been filed by the petitioners before the Regional T






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