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1958 Supreme(Raj) 168

WANCHOO, MODI
Heeralal – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
Magraj, for Petitioners; L.N. Chhaganni on behalf of State and opposite Parties Nos. 4 and 5; Jai Gopal, for Opposite Parties Nos.4 and 5

Modi, J.—This is a writ application by Heeralal, Babulal and others under Art 226 and 227 of the Constitution challenging the order of the appellate tribunal of the State Transport Authority dated the 29th January, 1958, by which the appeal of Babulal and others against a resolution of the Regional Transport Authority Jodhpur dated the 27th and 28th May, 1957, was dismissed as incompetent.

2. The material facts are these, Petitioner No. 6 Babulal was a permit-holder for plying a stage carriage on the Sojat Road, Sojat Gity,Bilara route. There is also no dispute that petitioner No. 1 Heeralal obtained a transfer of the formers permit in March, 1958. The other petitioners have also described themselves as bus operators on this route. It is, however, contended by the contesting respondents that these petitioners were not permit-holders at the relevant times and, therefore, have no locus standi to make the present application. We consider it unnecessary to enter into any further detail in respect of petitioners Nos. 2 to 5 in this connection because petitioner Babulal was certainly by a permit-holder at all relevant times, that is, up to the stage the appeal was decided by the appellate











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