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1975 Supreme(All) 43

K. B. ASTHANA
ASADYAR KHAN – Appellant
Versus
STATE TRANSPORT APPELLATE TRIBUNAL U P LUCKNOW – Respondent


Advocates Appeared:
A.J.Fanthome, K.S.Bajpai, MOHD.ZAHEER HASAN, R.N.TRIVEDI, S.K.Srivastava,

This is a petition under Article 226 of the Constitution questioning the validity of an order passed by the U. P. State Transport Appellate Tribunal dated 21st April, 1973 by which a revision filed by Srimati Afsari Begum respondent No. 3 to this petition was allowed and the order of the Regional Transport Authority, Lucknow dated 2nd January, 1973 transferring the permit No. 381 of Vehicle No. USD-583 from the name of Srimati Afsari Begum to the name of Asad Yar Khan, the petitioner in this writ petition, was set aside.

2. It appears that in 1958 a permit was granted by the Regional Transport Authority, Lucknow in the name of Srimati Afsari Begum for plying a private stage carriage on Barabanki-Ganeshpur route. Later on the route was changed and the permit held good for Hardoi-Beniganj-Sandila route. During the period appropriate endorsements were made in the permit. In 1972 the said permit stood for the Vehicle No. USD-583. Srimati Afsari Begum is the widowed sister of the petitioner Asad Yar Khan. On 14-81972 the petitioner applied under Sec. 59 (1) of the Motor Vehicles Act to the Regional Transport Authority, Lucknow for transfer of the said permit in his name. On 12-9-1972 Sri













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