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1958 Supreme(P&H) 59

A.N.BHANDARI, K.L.GOSAIN, S.S.DULAT
Ambala Ex-servicemen Transport Co-operative Society, Ltd. – Appellant
Versus
State Of Punjab – Respondent


Judgment

K.L.Gosain, J.

1. The facts giving rise to this petition are as under. On 10-10-1957, the State Transport Commissioner, Punjab, granted 5 public carrier permits one each to Respondents Nos. 4 to 8 for a period of 4 months and directed the Regional Transport Authority, Ambala, to issue the same. The Regional Transport Authority by their resolution No. 13 passed on 17-10-1957, took exception to the aforesaid order and characterising the same as illegal refused to comply with the same and resolved that the Chairman should address the State Government on the subject in the light of the legal position.

Respondents Nos. 4 to 8 one after the other then made applications to the State Transport Commissioner that each of them had changed residence to Patiala and that it was convenient for each of them to have a permit issued by the Regional Transport Authority, Patiala. to issue necessary permits and the said orders were duly complied with.

The petitioners who claim to be the public carrier permit-holders and who are already plying their goods vehicles on the Kalka-Simla route for which the aforesaid 5 permits have also been issued have filed the present petition in this Court under









































































































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