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1967 Supreme(All) 475

SATISH CHANDRA
Sheikh Mahfooz Jan – Appellant
Versus
State Transport (Appellate) Tribunal, Lucknow – Respondent


Advocates appeared:
S.N. Kacker and L.P. Naithani, Advocates, for the Petitioners; S.C, For the Respondent

JUDGMENT

Satish Chandra, J. - Feeling aggrieved on the opening of a fresh route connecting Meerut with Dankaur and the grant of regular stage carriage permits for that route to respondent Nos. 3, 4 and 5, the petitioners, who are rival operations on the Meerut-Bulandshahr route, have come to this Court and pray that the order of the State Transport Appellate Tribunal, Lucknow be quashed.

Many persons including respondents Nos. 3, 4 and 5 made applications for the grant of stage carriage permits on Meerut Dankaur route. They were published in the State Gazette in 1963 and 1965. The petitioners filed objections that the existing services were adequate and that there was no need to open a direct service. If a new direct service was permitted, the petitioners would' suffer severely, because a substantial portion of the route would overlap with that of the petitioners. This matter was considered by the Regional Transport Authority, Meerut at its meeting held on July 26 to 28, 1965. Item No. 3 of the agenda was :

"To pronounce decision regarding recognition and classification of Meerut to Dankaur via Hapur Gulaothi Sikandrabad route and grant of permits thereon. The applicants and objecto

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