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1976 Supreme(MP) 110

SHIV DAYAL, G.P.SINGH, R.K.TANKHA
DAMODAR DAS SITAL DASS – Appellant
Versus
REGIONAL TRANSPORT AUTHORITY, REWA – Respondent


Advocates Appeared:
H.C.KOHLI, P.C.PATHAK, S.Q.HASAN

SINGH, J.

( 1 ) THIS is a petition under Article 226 of the Constitution. It has been referred to this Full Bench in view of conflict of authorities in this Court on the interpretation of Section 68-F (1-D) of the Motor Vehicles Act, 1939.

( 2 ) DAMODARDAS Sitaldas, who is the petitioner in this petition, holds a stage carriage permit for the route Hanumana-Telgawan. This route is an interstatal route as Hanumana is in Madhya Pradesh and Telgawan in Uttar Pradesh. By a notice dated 18th February 1976, the Regional Transport Authority has invited applications for grant of a return trip permit for the route Bidhauli-Sidhi via sonbarsa-Amaliya-Bahari-Kubari. Whole of this route lies in Madhya Pradesh, but a part of it, which lies between Amaliya and Bahari, overlaps the interstatal route Hanumana-Telgawan. The Madhya Pradesh State Transport Corporation, which is a State Transport Undertaking, published Scheme No. 39 in December 1965 under Section 68-C. This Scheme, which is still awaiting approval, modification or rejection, relates to certain interestatal routes including the route Hanumana-Telgawan. The Scheme proposes that these routes will be operated by the Corporation. The petit






















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