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1976 Supreme(Raj) 53

GUPTA
Laxmi Chand – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
B.L. Maheshwari, for Petitioner; R.R. Vyas, for Respondent Mo. 4; A.K. Mathur, Additional Government Advocate

GUPTA, J.—-The petitioner was the holder of a non-temporary stage carriage permit on Karauli-Narainpur-Tatwada route (hereinafter referred to as "the route"). The aforesaid permit was issued to him by the Regional Transport Authority, Jaipur (hereinafter referred to as "the R.T.A.") on August 20, 1968 and was valid upto August 19, 1971. It was thereafter renewed for a further period of three years i.e. upto August 19, 1974.

2. Under the first proviso to sub-sec. (2) of sec. 58 of the Motor Vehicles Act (hereinafter referred to as "the Act") an application for the renewal of a stage carriage permit is to be made at least 120 days before the date of its expiry. Under sub-sec. (3) of the aforesaid section, the Regional Transport Authority is further authorised to entertain an application for the renewal of a permit, which has been made not more than 15 days after the last date specified in the first proviso to sub-sec. (2) of the aforesaid section. The petitioner submitted an application for the removal of his stage carriage permit on June 15, 1974, which was late by 54 days, taking into consideration the limitation prescribed by the first proviso to sub-sec. (2) of sec. 58 of the Act.











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