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1972 Supreme(Ori) 71

R.N.MISRA, K.B.PANDA
DAYALAL N. JOSHI – Appellant
Versus
STATE TRANSPORT AUTHORITY – Respondent


Advocates Appeared:
B.Nayak, G.P.MOHANTI, R.S.MOHANTY, S.C.MOHAPATRA, S.C.PARIJA, S.MOHANTY

R. N. MISRA, J.

( 1 ) THE petitioner and opposite party No. 3 are stage carriage operators. The petitioner has been operating a stage carriage on the route Bargarh to Rampur with extension to Pinka. This permit was granted by the Regional Transport authority of Sambalpur in 1960 and was duly, countersigned by the Transport authority of Bolangir. In 1967, the State Transport Service came to operate a second bus on this route, but sometime after withdrew the service. As there was need for a second bus to cater to the travelling public on this route and no other operator was forthcoming, the petitioner was allowed to operate a second bus on this route from August 1969. The Regional Transport Authority while granting the permit imposed a condition that the permit would be alive until the State transport Authority issues a permit for a second bus. The State Transport authority opposite party No. 1 in due course invited applications (from intending pliers for this route. The petitioner, opposite party No. 3 and six others applied and on 28th of October 1970, the State Transport Authority granted the permit for a second bus on this route in favour of opposite party No. 3. The petitioner


















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