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1953 Supreme(All) 300

MUKERJI, CHATURVEDI
Sagir Ahmad – Appellant
Versus
Govt. of the State of U. P. – Respondent


Advocates:
G.S. Pathak, V.D. Bhargava, R.S. Pathak, Chhail Behari Lal Saxena, S.N. Sahai, S.N. Katju, S.S. Dhawan, for Applicants; Advocate-General and Standing Counsel, for Opposite Party.

Judgement

MUKERJI, J. :- These are 106 connected petitions under Article 226(1) of the Constitution of India. All these petitions raise more or less the same questions for decision - at any rate the main questions which fall for determination in these cases are the same. These are all petitions by persons who have been operating motor vehicles for gain on the public highways of the State. These petitioners had the necessary "permit" to operate their vehicles under the Motor Vehicles Act of 1939. The Uttar Pradesh Government has, by virtue of powers conferred upon it by the Uttar Pradesh State Road Transport Act, 1950 (U.P. Act No. II of 1951), hereinafter referred to as the impugned Act, in effect stopped some of the petitioners from plying their vehicles on the public highways and instead commenced plying vehicles of its own.

2. All the petitions have more or less sought common reliefs. The main relief sought is that a writ in the nature of mandamus be issued to opposite parties Nos. 1 and 2, namely, the Government of the State of Uttar Pradesh and the Minister of Transport, Uttar Pradesh, to withdraw the declaration made under Section 3 of the impugned Act and to withdraw certain n



















































































































































































































































































































































































































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