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1955 Supreme(Raj) 256

BAPNA, BHANDARI
Mohammad Jamil – Appellant
Versus
State Transport Authority – Respondent


Advocates Appeared:
M.M. Tewari, for Petitioner

Bapna, J.—This is a petition under Article 266 of the Constitution of India.

2. The petitioners are assignees of a permit granted by the R. T. A., Udaipur. for running a stage-carriage on Baran-Chhipa-barod-Chhabra route. They applied to the R. T. A. for curtailment of the route beyond Chhipabarod on the allegation that there was no motorable road from Chhipabarod to Chhabra. The R.T.A., on 25th May, 1954, recorded a resolution that the application for curtailment had been duly notified, but no objection had been received and, therefore, it was resolved that curtailment be sanctioned. The Kotah Transport Ltd. filed an appeal before the S. T. A., and the S. T. A. found that an objection had, as a matter of fact, been filed before the R. T. A. by the Kotah Transport Ltd., and that the R.T.A. had committed error in no deciding that objection. An attempt was made by the Secretary R.T.A. to explain that the document submitted by the Kotah Transport Limited was not cosi-dered as an objection, because it had not been stamped. That explanation was not accepted and the case remanded to the R.T.A. for reconsideration of the matter in the light of the objection filed by the Kotah Transport Lim







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