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1970 Supreme(MP) 5

BISHAMBHAR DAYAL, SURAJBHAN
HAZARILAL GUPTA – Appellant
Versus
STATE TRANSPORT APPELLATE AUTHORITY, M. P. – Respondent


Advocates Appeared:
V.S.DABIR

BISHAMBHAR DAYAL, C. J.

( 1 ) THIS is a petition by Hazarilal Gupta, who had applied for the variation of the conditions of his stage carriage permit by adding a route to it from Sonori to satna. This variation in his condition was refused by the Regional Transport authority. He filed an appeal against that order before the State Transport appellate Authority. The State Transport Appellate Authority held that no appeal lies against an order refusing to vary the condition of a permit. Against this order of the State Transport Appellate Authority the present writ petition has been filed, and the contention of learned counsel for the applicant is that a wrong view has been taken with regard to the maintainability of the appeal.

( 2 ) THE contention of learned counsel is that an application for adding a new route is to be treated for all purposes as an application for the grant of a permit. The last part of Sub-section (8) of Section 57 of the Motor Vehicles Act, 1939 (hereinafter called the Act), is as follows : 'shall be treated as an application for the grant of a new permit,' the contention is that since it is to be treated as an application for the grant of a permit, the refusal o






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