S.N.SAHAI, S.K.DHAON
NADIR HUSAIN – Appellant
Versus
R. T. O. , KANPUR – Respondent
( 1 ) THE Farrukhabad-Jarianpur via Ghatiaghat-Rajapur-Amritpur route (hereinafter referred to as the route) appears to be partly notified and partly non-notified. This Court, in a writ petition preferred by the petitioner and others, on 21st April, 1989, directed the Regional Transport Authority, Kanpur (hereinafter referred to as the Transport Authority) to consider and dispose of the applications made by the petitioner and others for the grant of temporary permits on the route. In pursuance of this direction, the Secretary of the Transport Authority granted a temporary stage carriage permit to the petitioner on the non-notified portion of the route and rejected the application for the notified portion on the ground that he had no jurisdiction to grant a temporary permit on that portion. The order rejecting the application for notified portion is being impugned in the present writ petition.
( 2 ) SECTION 68f of the Motor Vehicles Act, 1939 (hereinafter referred to as the Act) casts a mandatory duty upon a Regional Transport Authority or the State Transport authority, as the case may be, to issue a permit to a State Transport Undertaking if such an undertaking makes an application
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