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2023 Supreme(Gau) 1462

MANISH CHOUDHURY
Pulen Dey, S/o. Gobinda Mohan Dey – Appellant
Versus
State Of Assam – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MR. P K GOSWAMI
For the Respondent: MR. Y. DOLEY(SC, TRANSPORT)

JUDGMENT :

MANISH CHOUDHURY, J.

The two petitioners have instituted the writ petition to invoke the extra-ordinary jurisdiction of this Court under Article 226 of the Constitution of India for assailment of a Notification bearing no. TMV.263/2015/84 dated 17.12.2018 issued by the Transport Department, Government of Assam under the hand of the Secretary to the Government of Assam, Transport Department.

2. In the Notification dated 17.12.2018, it is mentioned that a proposal had been submitted by the Assam State Transport Corporation [hereinafter referred to as ‘the ASTC’ or ‘the respondent Corporation’, at places, for easy reference] to grant approval to it under Section 19 of the Road TRANSPORT CORPORATIONS ACT , 1950 to undertake the activity of operating Authorised Testing Stations in each of the districts of Assam with a copy of the Judgment and Order dated 27.09.2018 passed by this Court in the writ petition, W.P.[C] no. 1395/2018 [Nagaon Jila Bus Paribahan Santha and two others vs. The State of Assam and another]. It further mentions that upon careful perusal and examination of the proposal submitted by the ASTC; the Judgment and Order dated 27.09.2018 [supra]; the relevant provi

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