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1988 Supreme(MP) 284

R.C.LAHOTI, T.N.SINGH
M. P. STATE ROAD TRANSPORT CORPORATION, GWALIOR – Appellant
Versus
NIRMAL KUMAR CHORDIA – Respondent


Advocates Appeared:
D.V.Nigudkar, J.P.Gupta

T. N. SINGH, J.

( 1 ) ADMITTEDLY, the petitioner is a "state Undertaking" within the meaning of S. 68-A (ii) of the Motor Vehicles Act, 1939, for short; the 'act'. On a permit being granted on 6-4-1988 for a period of five years, with effect from 10-4-1988, to Nirmal Kumar Chordia, by Regional Transport Authority, Kota, as per Annexure-P/5 (a), and the same being countersigned as per Annexure-P/9 by the Assistant Secretary, State Transport Authority, Madhya Pradesh, on 7-4-1988, those have been impugned on the writ side, in this Court, by the petitioner, as illegal and without jurisdiction. The permit aforesaid is for an inter-State route, Raipur-Indore, via Soyat, Susner, Agar, Ghosla, Ujjain, with corridor restriction as to picking up or setting down passengers between the portion Raipur-Chavli.

( 2 ) THE permit, it may be noted,was issued on a direction made by the State Transport Appellate Tribunal, Rajasthan vide order passed as per Annexure-P/2, on 4-2-1988. However, as per clause 15 of the permit, the same was made conditional to counter-signature of the Secretary, State Transport Authority, Madhya Pradesh Gwalior. What is also undisputed is that respondent Chordia had made




















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