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1970 Supreme(Raj) 14

CHHANGANI, JAGAT NARAYAN
Shakuntala Devi – Appellant
Versus
Transport Appellate Tribunal, Jaipur – Respondent


Advocates Appeared:
R.K. Rastogi, J.S. Rastogi and H.C. Rastogi, for Appellant; R.R. Vyas, for Respondent No.3

JAGAT NARAYAN C J.—This is a special appeal against the judgment of a learned single Judge allowing a writ petition filed by Shyam Sunder Azad respondent and cancelling the permit granted to Smt. Shakuntla Devi appellant by the Regional Transport Authority in its meeting dated 6-2-1969.

2. On 22-2-1967 the appellant applied for a permit on Bharatpur-Govindgarh direct route, which was a new route, the scope of which had not been fixed under sec. 47(3) of the Motor Vehicles Act, 1939 (hereinafter to be referred to as the Act). The application was published in the Gazette dated 6.4.1967 and objections were invited within 30 days, It was published again on 13-7-1967 by mistake and objections were again invited. Shyam Sunder alleges that he filed an objection when the application was published for the second time in the Gazette dated 13-7-1967. He has filed a uncertified copy of that objection as it is not to be found on the record of the Regional Transport Authority. Shyam Sunders name did not appear in the list of objectors published by the Regional Transport Authority.

3. On 6-3-1969 one permit was granted by the Regional Transport Authority to Smt. Shakuntala Devi on an experimental b














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