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1979 Supreme(All) 1041

B. D. AGARWALA, K. N. SETH, K. N. SINGH
Khuda Dad Khan – Appellant
Versus
State of U. P – Respondent


Advocates appeared:
S.K. Dhaon, S.C. Khare, L.P. Naithani and V.N. Khare, Advocates, for the Appellant; S.K. Sharma and A.P. Singh, Advocates, for the Respondent

JUDGMENT

K.N. Singh, J. - A Division Bench of this Court has referred this petition and the other three connected petitions to a larger Bench as it did not agree with the view of another Division Bench of this Court in Shashi Kant Rai v. Regional Transport Authority (AIR 1978 All 68).

2. On 13-12-1960 the State Transport Undertaking issued a notification under Section 68-C of the Motor Vehicles Act (hereinafter referred to as the Act) publishing a scheme for the exclusive plying of its stage carriage vehicles on five different routes of Agra region, namely, (1) Etah-Farrukhabad, (2) Etah-Daryaganj, (3) Farrukhabad-Shamshabad, (4) Etah-Ganjdundwara and (5) Farrukhabad-Kampil. The petitioners, who were permit-holders for plying their stage carriages on the routes filed objections to the Scheme. Their main objection was that the number of services proposed to be rendered on the routes in question was not specified in the notification published under Section 68-C of the Act, as a result of which the scheme was invalid. The hearing authority, acting on behalf of the State Government, approved the scheme under Section 68-D (2) of the Act by its order dated 27-4-1962, thereupon the State G

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