P.V.DIXIT, K.L.PANDEY
POONAMCHAND GHASIRAM RATHOD – Appellant
Versus
REGIONAL TRANSPORT AUTHORITY, INDORE REGION – Respondent
( 1 ) THE question raised in this petition under Article 226 of the Constitution is a short one. It is whether in proceeding, for the transfer of a permit taken under Section 59 (1) of the Motor Vehicles Act read with Rule 75 of the Madhya Bharat Motor Vehicles Rules, 1949, a person objecting to the transfer can claim the grant of the permit proposed to be transferred to himself.
( 2 ) IN February, 1955, the Dhar Transport Company of Dhar addressed a letter to the Regional Transport Authority, Indore, for the transfer of a permit held by it on Dhar-Indore route to the respondent No. 3 Gendalal. On receipt of this letter the Regional Transport Authority published a notice in the Madhya Bharat Gazette dated 19th May, 1955, about the transfer of five permits held by the Dhar Transport Company including the one in question to the persons mentioned in the notice. The notice invited representations in connection with the intended transfer of permits. The Regional Transport Authority invited representations purporting to act under Section 57. In response to this notice the petitioner filed an objection opposing the transfer and also made an application for the grant of a perm
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