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1963 Supreme(All) 86

V.BHARGAVA, B.D.GUPTA
BARIAT ULLAH KHAN – Appellant
Versus
STATE OF U. P. – Respondent


Advocates Appeared:
S.C.KHARE

( 1 ) THIS special appeal has been filed by Bariat Ullah Khan whose petition under Article 226 of the Constitution has been dismissed by a learned Single Judge of this Court. The facts giving rise to the writ petitions that the appellant held a permit for plying a stage carriage on Bareilly shiahgarh route. The transport authorities decided to nationalise this route. On 14th May, 1960, a notification was issued under Section 68-C of the Motor Vehicles Act (hereinafter referred to as the Act) and was published in the U. P. Gazette dated 21st May, 1960. Various objections to the scheme were filed amongst which was an objection by the petitioner. That objection was heard by Sri Rule Chandra, Joint Secretary to the State Government in the Judicial Department. His objection was dismissed and then on 10th July, 1961, a notification was issued under Section 68-D of the Act approving the draft scheme. This notification was published in the U. P. Gazette dated 15th July, 1961. As a consequence of the scheme being enforced, the petitioners permit for stage carriage was cancelled and the State Government started running its own stage carriage on this route. The petitioner by the petition unde






















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