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1971 Supreme(All) 173

K.N.SINGH
Turabuddin Haji Niaz Ahmad – Appellant
Versus
The Commissioner, Meerut Division, Meerut – Respondent


Advocates:
L.P. Naithani, for Petitioners; Standing Counsel, for Respondents.

ORDER :- This is a petition under Art.226 of the Constitution for the issue of a writ of certiorari quashing the order dated 12th May, 1971, of the Secretary, Regional Transport Authority, Meerut, granting temporary permits to respondents Nos.3 to 12 of Muzaffarnagar-Budhana-Kurthal route. Petitioners Nos.1 and 2 are existing operators on Muzaffarnagar-Budhana-Kandla route, which is completely overlapped by Muzaffarnagar-Budhana-Kurthal route. Petitioner No.3 claims to be an applicant for a permanent stage carriage permit on the route in question.

2. Muzaffarnagar-Budhana-Kandla route is fifty kilometers in length. There are 35 stage carriages plying on this route. The town of Kurthal is situated at a distance of about eight kilometers from Budhana and, therefore, a stage carriage operating from Muzaffarnagar to Kurthal overlaps the entire route from the Muzaffarnagar-Budhana-Kandla route. The Regional Transport Authority by its resolution No.53 dated April 5/6, 1971 decided to open Muzaffarnagar-Budhana Kurthal route and classified the same as 'A' class route. Under S.47(3) of the Motor Vehicles Act, hereinafter referred to as the Act the regional transport authority fixed the stre











































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