1986 Supreme(Raj) 836
JAGDISH SHARAN VERMA, K.S.LODHA
Kan Singh – Appellant
Versus
State Transport Appellate Tribunal – Respondent
JUDGMENT
1. - This judgment shall dispose of the above mentioned 12 special appeals, which involve for decision a common question, which is the main controversy in these appeals.
2. These petitions relate to the routes Bhadra-Hissar via Adampur, Hanumangarh-Dabwalia via Sangaria, Bhadra-Hissar via Balsamand and Rajgarh-Hissar via Jhunpa. The contention of the petitioners in all the petitions, which have been dismissed giving rise to these appeals, was that the petitioners should be granted renewal of their permits since the State Transport Undertaking could not be granted any permit due to the prohibition contained in the proviso to Sub-section (1-H) of Section 47 of the Motor Vehicles Act (here in after referred to as 'the Act'). All these routes are inter-State routes & Sub-section (1-H) of Section 47 provides that a State Transport Undertaking shall be given preference over all other applicants while granting stage carriage permit for operating in any inter-State route. The proviso there in then lays down that the State Transport Undertaking shall not be granted permit under this Sub-section unless the authority is satisfied about the fulfilment of the condition contained in the
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