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1989 Supreme(MP) 279

B.C.VARMA, D.M.DHARMADHIKARI
Gandhi Travels – Appellant
Versus
Secretary, Regional Transport Authority – Respondent


Advocates Appeared:
M.V.TAMSKAR, S.Q.HASAN,

JUDGMENT :

( 1. ) THE petitioner holds a regular stage carriage permit on route Sidhi-Amiliya via Churhat. A part of the route is covered by a scheme proposed under section 63 of the Motor Vehicles Act, 1939. The respondent No. 2, Rajbahore Patel filed an application for grant of temporary permit on this route. It was granted by the Regional Transport Authority. That permit expired on 6-7-1989. It appears that thereafter the respondent No. 2 applied for grant of another temporary permit. The petitioner objected to this. However, by order dated 5-7-1989, the Secretary, Regional Transport Authority granted the temporary permit for one month. The permit is Annexure-C. The petitioners objections were overlooked. The petitioner has challenged this grant of temporary permit to the respondent No. 2. Ordinarily, the petitioner would have filed an appeal/revision to the State Transport Appellate Tribunal. It, however, came directly to this Court raising a question as to the competence of the Authority to grant the permit after the coming into force of the Motor Vehicles Act, 1988 with effect from 1-7-1989. This Court, therefore, entertained this petition despite there being the alternative r











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