Pulen Dey, S/o. Gobinda Mohan Dey vs State Of Assam

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

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)

Table of Content
1. notification validity and astc's service domain. (Para 1 , 2 , 3 , 4)
2. petitioners argue against astc's authorized testing. (Para 5 , 6)
3. entitlement of astc to operate an authorized testing station. (Para 7 , 11)
4. procedure for approval under rtc act and mv act. (Para 10 , 12 , 14)
5. finality of legal findings related to astc's operations. (Para 18 , 19 , 28)
6. partial allowance of the writ petition. (Para 35 , 36)

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 opera

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2023 Supreme(Gau) 1462

MANISH CHOUDHURYPulen Dey, S/o. Gobinda Mohan Dey – AppellantVersusState Of Assam – Respondent

Cases Referred (2)

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