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1971 Supreme(All) 147

R.S.PATHAK, R.L.GULATI
State of U. P. – Appellant
Versus
The Inter-State Transport – Respondent


Advocates:
K.N. Singh, for Petitioner; G.P. Dixit, for Respondents.

Judgement

PATHAK, J. :- The State of Uttar Pradesh filed these petitions under Article 226 of the Constitution against the order dated January 17, 1966 of the Inter-State Transport Commissioner, New Delhi and the order dated August 26, 1967 of the Inter-State Appellate Tribunal, New Delhi.

2. The State of Uttar Pradesh, through its Transport Department, plies stage carriages on a number of routes which lie partly within Uttar Pradesh and partly within Delhi. The State Transport undertaking is referred to as the U. P. Government Roadways. In respect of some of the routes, the Transport Department has been plying the vehicles from as long ago as 1950 or even from before. Originally, they were plied pursuant to executive orders issued by the State Government. Subsequently, the U. P. Legislature enacted the U. P. State Road Transport Act, 1950 under which the operation of the vehicles of the State Transport undertaking on those routes was validated. The Act was struck down by the Supreme Court in Saghir Ahmad v. State of U. P., AIR 1954 SC 728. The U. P. Legislature then enacted the U. P. Road Transport Services (Development) Act, 1955. It came into force with retrospective effect from J















































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