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1964 Supreme(MP) 160

P.V.DIXIT, K.L.PANDEY
PREMCHAND JAIN – Appellant
Versus
STATE OF M. P. – Respondent


PANDEY, J.

( 1 ) THIS petition under Articles 226 and 227 of the Constitution is directed against:

(i) the proposed Scheme No. 2, as prepared under Section 68c of the motor Vehicles Act, 1939 (hereinafter called the Act) by the Madhya pradesh State, Road Transport Corporation (to be called hereafter as the transport Corporation) and published in the State Gazette dated 1 March 1963; (ii) the order dated 25 June 1963 whereby R. S. Shukla, Special secretary in the Home Department, disposed of the objections preferred against the aforesaid Scheme and modified it; (iii) the final publication, after previous approval of the Central government, of the approved Scheme in the State Gazette dated 7 february 1964 as required by Section 68d of the Act, and (iv) the order dated 17th March 1964 passed under Section 68f (2) of the Act by which the Secretary, Regional Transport Authority, Gwalior, cancelled the permit held by the petitioner for the Lashkar-Barai route and required him to surrender that permit. The petitioner has, in addition, challenged the vires of the Explanation inserted under Section 68d (1) of the Act by the amending Act 2 of 1963 and the validity of rule 6 of the Rules fram







































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