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1965 Supreme(All) 190

JAGDISH SAHAI, W.BROOME
Sardar Surendra Singh – Appellant
Versus
State of U. P. – Respondent


Advocates:
S.N. Kacker, for Appellant; B.D. Agarwal, for Respondents.

Judgement

JAGDISH SAHAI, J. :- This special appeal by Sardar Surendra Singh is directed against the judgment of Oak, J. dated 8-1-1963, dismissing writ petition No. 1566 of 1961 filed by the appellant.

2. There is a route Meerut-Chhaprauli (hereinafter referred to as route No. 1). This route is divided into three parts (1) Meerut-Baghpat, (2) Baghpat-Baraut, and (3) Baraut-Chhaprauli. The portion Baghpat-Baraut forms part of another routes also, that is, Delhi-Saharanpur route (hereinafter inferred to as route No. 2). There is yet a third route Dehradun-Luchman Jhoola route (hereinafter referred to as route No. 3).

3. The Delhi-Saharanpur route was nationalised under the provisions of Chap. IV-A of the Motor Vehicles Act (hereinafter referred to as the Act). When the notification under S. 68-C of the Act was issued in respect of this route, it was proposed to place some restriction on the right of the appellant to pick up passengers between Baghpat and Baraut, though the appellant was to be allowed to pass that route. However when the notification under S. 68-D was issued, this restriction was withdrawn, with the result that the appellant continued to ply his stage carriage on the Mee



























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