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1960 Supreme(All) 149

O. H. MOOTHAM, S. S. DHAVAN
REGIONAL TRANSPORT AUTHORITY – Appellant
Versus
SRI KASHI PRASAD GUPTA – Respondent


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

MOOTHAM, CJ.

( 1 ) THESE are two appeals from an order of a learned Judge dated the 1st, January, 1960, Sri Ram audh Misra, the first appellant in Appeal No. 11, held a permit permitting him to ply a stage carriage on the Deoria-Lar route, and Sri. Mohammad Ismail and Sri Mahabir Prasad, the second and third appellants in that appeal, were the holders of permits permitting them to ply on the siswabazar-Thuthibari route. Schemes under Chap. IVA of the Motor Vehicles Act were prepared, whereunder these two routes were to be operated exclusively by a state transport undertaking and in due course the schemes were approved and the two routes became notified, routes. The schemes involved the displacement of the three appellants, arid provision was made in the schemes for the payment to them of compensation therefor. Although the schemes made no provision for the appellants being offered alternative routes, the Regional Transport authority, Gorakhpur, offered permits to the three appellants permitting them to ply on the gorakhpur-Khajni-Gola route. This offer was accepted, and an endorsement was made on the permits of the, three appellants, which had been cancelled with effect from the 21s











































































































































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