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1975 Supreme(MP) 124

C.P.SEN, N.C.DWIVEDI, P.K.TARE
MUSTAQ BAI – Appellant
Versus
STATE TRANSPORT APPELLATE TRIBUNAL, MADHYA PRADESH, – Respondent


Advocates Appeared:
A.G.Dhande, A.S.Jha, A.S.KUTUMBALE, O.P.NAMDEO, S.S.Agrawal, V.S.DABIR

P. K. TARE, C. J.

( 1 ) IN this petition under Arts. 226 and 227 of the Constitution of India, the petitioner challenges the order of the State Transport Appellate Tribunal, dated 27-2-1973 (Petitioner's Annexure C ). By the said order, the petitioner's application for restoration of the appeal to file was rejected by the State transport Appellate Tribunal on the ground that it was barred by limitation. At this stage, we might note that the petitioner has not made any prayer for quashing the order of the State Transport Appellate Tribunal, dated 4-4-1972, dismissing the petitioner's appeal in default.

( 2 ) THE petitioner's husband, Nazir Ahmad, a bus operator, and other bus operators, namely, respondents 3 to 7, had applied for a stage carriage permit for the Sanjeet-Mandsaur route. The Regional Transport Authority, by order dated 12-12-1970, granted a permit in favour of the third respondent, namely, motilal Phulchand. Against that order of the Regional Transport Authority, the petitioner filed an appeal before the State Transport Appellate Tribunal. A notice of the hearing on 4-4-1972 was issued to the petitioner, but in spite of that notice, she remained absent. Therefore, the










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