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1956 Supreme(Raj) 91

WANCHOO, RANAWAT, SHARMA
Malik Ram – Appellant
Versus
Regional Transport Authority, Jaipur – Respondent


Advocates Appeared:
C.L. Agarwal, for Petitioners; J.P. Jain, for Respondents Nos. 3, 4, 5, 9 & 11.; G.L. Yadava, for Respondents Nos. 3, 4, 5 & 11; R.A. Gupta, for Respondents Nos. 6, 7 & 10

Wanchoo, C. J.—The following three points have been referred to this Full Bench for answer—

(1) Whether the following condition laid down by sec. 47(1)(c) of the Motor Vehicles Act of 1939 is ultra vires Art. 19 (1)(g) of the Constitution of India—

"the effect upon those services of the service proposed."

(2) Whether in view of Rule 90 of the Rajasthan Motor Vehicles Rules, 1951, the Transport Authority is under a duty to so fix the time-table as to allow every stage carriage holding a permit on a particular route to run thereon daily, and whether the fixing of a time-table and allowing the stage carriage to run by rotation on some days of the month only is in contravention of the said Rules?

(3) Whether granting of a few more permits on a route on which the existing stage carriage are not running daily but only by rotation is by itself sufficient to justify this Court to quash the order of the Regional Transport or Appellate Authority by a writ: of certiorari on the ground of the order being erroneous on its face and repugnant to the condition regarding the adequacy of existing road passenger transport services between the place to be served, laid down by clause (c) of sec. 47(1) of t





















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