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1980 Supreme(Raj) 391

G.M.LODHA
Satya Narayan – Appellant
Versus
State Transport Appellate Tribunal – Respondent


JUDGMENT

1. - This writ petition is directed against the order of the State Transport Appellate Tribunal dated November 3, 1980 (Annexure 2). Briefly the facts may be now narrated. On March 15, 1980 the Regional Transport Appellate Authority by resolution No. 29, item No. 26 dated March 6, 1980 rejected the application of Pritam Singh and Shiv Kumar for grant of non-temporary permit on the Sangaria Indipura route. It was granted to Satyanarayan. Both Pritam Singh and Shiv Kumar filed an appeal before the S.T.A.T. The S.T.A.T. accepted the appeal and by rejecting the application of Satyanarayan, ordered that the permit be granted to Pritam Singh.

2. Mr. Maheshwari, learned Counsel for Satyanarayan has challenged the order of this Tribunal on various grounds. Firstly, it was submitted that his client was a displaced operator and no fraud was committed by him in getting the permit. That the R.R.T.A. granted the permit to his client on second important consideration that his vehicle was of 1978 model. The vehicle of Pritam Singh was only of 1974 model. In view of this even if the first ground of displaced operator was held to be not sustainable, yet the second ground of a later model wa


















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