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1996 Supreme(Raj) 310

B.R.ARORA, A.S.GODARA
Ganesh Mal Surana – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
B.L. Maheshwari, for Appellants Sangeet Lodha, for Respondent No. 3 T. Gupta for R.P. Dave, for Respondents No. 1, 2 and 4

Honble B.R. ARORA, J. – These three appeals raise a common question of law in the identical facts and arise out of the common judgment dated 20-4-92 passed by the learned Single Judge, by which the learned Single Judge dismissed the writ petitions filed by the petitioner-appellants and, therefore, they are being disposed of by this common judgment. For the convenient disposal of these appeals, the facts given in D.B. Civil Special Appeal No. 245 of 1992 (Mool Chand Mandot vs. State of Rajasthan and Others arising out of S.B. Civil Writ Petition No. 2186 of 1986) are taken into consideration.

(2). Appellant Mool Chand Mandot was an existing operator on Deogarh to Badnore via Bhim-Todgarh route having non-temporary stage carriage permit in his favour. This permit of the appellant-petitioner for the route was renewed before the approval of the Scheme of Deogarh-Badnore route. A Draft Scheme under Section 68-C of the Motor Vehicles Act (for short, `the Act) came to be published on 13-4-79 in the Rajasthan Rajpatra for the following routes:-

(i) Bhim Deogarh via Tal Lasani;

(ii) Deogarh Bhim via Bagad, Tadgarh Pawatia;

(iii) Bhim Tadgarh via Pawatia; and

(iv) Bhim Badnore via Ajitagarh–Lalga
























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