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1957 Supreme(All) 290

O. H. MOOTHAM, A. P. SRIVASTAVA
RAMESHWAR DAYAL GUPTA – Appellant
Versus
REGIONAL TRANSPORT AUTHORITY, MEERUT – Respondent


Advocates Appeared:
M.H.BEG

A. P. SRIVASTAVA, J.

( 1 ) THIS special appeal has been preferred against an order of a learned Single Judge of this Court by which he dismissed a petition filed by the appellant under Article 226 of the Constitution.

( 2 ) THE appellant is the owner of a stage carriage No. USP. 834 and held a permit for running it on Khatauli-Jansath-Miranpur-Ramraj route in the district of Muzaffarnagar. On the 26th of august, 1954 at 8-20 A. M. Sri A.. Qizilbash, the Secretary of the Regional Transport Authority, meerut, checked the vehicle near the level crossing on the Khatauli-Jansath road. It was found that there were 31 passengers in the vehicle but only 28 of them held tickets, no tickets having been issued for the remaining three. It was also found that the stage carriage had not started at miranpur at 7-30 A. M. according to the scheduled time table but has started at 7-50 A. M. at jansath on its way to Khataul. It had not gone to Miranpur at all. Sri Qizilbash thereupon issued a notice to the appellant to show cause under Section 60 of the Motor Vehicles Act why the permit of the appellant in respect of the vehicle should not be suspended or cancelled. The appellant showed cause. His ex














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