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1960 Supreme(All) 66

RAGHUBAR DAYAL, R.A.MISRA
MOHAMMAD LUQMAN SHARIF – Appellant
Versus
STATE TRANSPORT AUTHORITY, TRIBUNAL, LUCKNOW – Respondent


Advocates Appeared:
K.B.ASTHANA, S.N.KACKAR

RAGHUBAR DAYAL, J.

( 1 ) THIS is a special appeal by the appellant against the order of a learned Judge dismissing his petition under Article 226 of the Constitution.

( 2 ) THE facts leading to the petition are a bit complicated, as they concern not only the proceedings on the application of Santosh Kumar, Respondent No. 2, for a stage carriage, permit but are also connected with the applications of two other persons bearing the same name Shanti swamp.

( 3 ) WE shall first mention the facts concerning the proceedings on the application of Santosh kumar.

( 4 ) THE appellant runs a stage carriage as private carrier on Muzaffarnagar-Shamli-Kairana route. This route formed part of two other routes also, namely muzaffarnagar-Shamli-Kairana-Jhinjhana route and Muzaffarnagar-Shamli-Kairana-Kandhla route. The portion between Muzaffarnagar and Shamli of this route was common to two other routes also namely, Muzaffarnagar-Sharli-Jhinjhana-Chausana and muzaffarnagar-Shamli-Jhinjhana-Bidaul. Upto 1950 four stage carriages used to ply on muzaffarnagar-Shamli-Jhinjhana-Chausana- Bidauli route. This route was split up by the Regional Transport Authority (hereinafter called the Authority) by a res


































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