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1967 Supreme(All) 149

RAJESHWARI PRASAD, A.K.KIRTY, S.N.KATJU
Shiv Charan Das Sharma – Appellant
Versus
Regional Transport Authority – Respondent


Advocates:
S.K. Dhaon, for Petitioner.

Judgement

S. N. KATJU, J. :- (For himself and Rajeshwari Prasad, J.) : The petitioner Sheo Charan Das Sharma filed a petition under Art. 226 of the Constitution praying for a writ of certiorari for quashing certain resolutions passed by the first respondent, the Regional Transport Authority, Meerut. He further prayed for a writ in the nature of mandamus commanding the second respondent, the Secretary, Regional Transport Authority, Meerut, not to issue any temporary permits to opposite party-respondents 3 to 14. Satish Chandra, J., who heard the matter, referred the following question for decision to a large Bench :

"Is a rival operator entitled to maintain a writ petition to challenge a temporary permit granted to another operator?"

2. The petition then came before a Division Bench of this Court consisting of Verma and Rajeshwari Prasad, JJ. They found that the decisions of this Court on the question were conflicting. They pointed out that several Single Judges of this Court had answered this question in the affirmative while it had been answered in the negative in two Division Bench decisions of this Court (Civil Misc. Writ No. 690 of 1965, Mahendra Sen Jain v. State Transport (Appel


























































































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