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1968 Supreme(MP) 74

P.V.DIXIT, G.P.SINGH
ABDUL MOHI SIDDIQUI – Appellant
Versus
THE STATE TRANSPORT APPELLATE AUTHORITY, GWALIOR – Respondent


Advocates Appeared:
R.K.Tankha, V.S.DABIR

SINGH, J.

( 1 ) THE petitioner, who holds a stage carriage permit on Bhopal-Nazirabad route, by this petition, under Articles 226 and 227 of the Constitution, calls into question the orders of Transport Authorities by which the stage carriage permit of the respondent No. 3, which was originally for Bhopal-Barasia, has been extended upto Nazirabad.

( 2 ) BHOPAL-BARASIA is a route of 26 miles and Bhopal-Nazirabad via Barasia is a route of 45 miles. The respondent No. 3 applied sometime in 1966 to the Regional transport Authority, Bhopal for extension of his Bhopal-Barasia permit upto nasirabad. On publication of the application, the petitioner objected on the ground that the grant of extension will virtually amount to granting a new permit and that it will violate the ceiling order limiting the number of stage carriage permits on bhopal-Nazirabad route. The Regional Transport Authority by its order passed on 16th October, 1967, allowed the extension. The petitioner then filed an appeal before the State Transport Appellate Authority which was dismissed on 22nd february, 1968. The extension of the permit upto Nazirabad has been ordered under Section 57 (8) of the Motor Vehicles Act as













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