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1955 Supreme(Cal) 53

SINHA
ONKARMAL MISTRI – Appellant
Versus
REGIONAL TRANSPORT AUTHORITY, DARJEELING – Respondent


Advocates Appeared:
AJIT KUMAR CHATTERJEE, Apurba Charan Mukherjee, CHANDRA NARAYAN LAIK, G.P.KAR, MIHIR KUMAR SARKAR, NIRMAL CHANDRA CHOUDHURI, RADHAPADA BANERJI, Samarendra Nath Banerjee, SURATHI MOHAN SANYAL

SINHA, J.

( 1 ) C. R. No. 3588 of 1953.

( 2 ) THE facts in this case are shortly as follows: On or about 28-6-1953, the Regional Transport Authority, Darjeeling, Respondent 1, published a notice in the Himalayan Times published at Kalimpong, inviting applications for the grant of 17 permanent routepermits for public carriers, on the Siliguri-Kalimpong Route. The notice contained invitations for applications regarding several other routes but we are not concerned with that in this application. As many as 766 applications were received in respect of the 17 permits. One of the applications was by the petitioner Onkarmal Mistri. It appears from the petition that he has been carrying on transport business for a long time and had been transporting goods between Siliguri and Kalimpong from the period when bullock carts were used in conjunction with, the rail-cum ropeway system which was then used. Thereafter he had been running public carriers in the Siliguri-Kalimpong Route and had four vehicles, which, it is stated, are almost new and in perfect working order. For the purpose of plying these vehicles, the petitioner was being granted temporary permits from time to time. The petitioner














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