ORDER :- The petitioner is one of the 65 persons who hold a stage carriage permit on the route known as the Garhmukhteshwar-Hapur-Pilkhua-Ghaziabad-Delhi route or more shortly Garh-Delhi route described in Annex. 1 as the blue route (it will henceforward be described for the sake of brevity as the blue route). It is an interstatal route. Respondent no. 3 also held a stage carriage permit for a route from Ghaziabad to Faridnagar via Pilkhua shown in annexure 1 in lilac. A portion of this route is common with the blue route between Ghaziabad and Pilkhua.

On the 1st of February, 1962 respondent no. 3 made an application for the variation of his route. He proposed that he be allowed the route from Ghaziabad to Faridnagar via Pilkhua-Hapur-Bhojpur shown in red in annexure 1. He also prayed that his permit be varied so as to allow him to ply his stage carriage from Ghaziabad to Hapur via Pilkhua, i.e., the route shown in green in annexure 1. Due publication was made of his application in the U. P. Gazette on the 30th of June, 1962 and fifteen days time was allowed for filing representations as contemplated under section 57 (3) of the Motor Vehicles Act, 1939 (hereinafter described as the

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