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1960 Supreme(MP) 174

K.L.PANDEY, P.V.DIXIT
Jabalpur Transport Development Co. , partnership firm – Appellant
Versus
State Transport Appellate Authority – Respondent


Advocates Appeared:
A.P.Sen, Y.S.Dharmadhikari,

JUDGMENT :

( 1. ) THE petitioner under Articles 226 and 227 of the Constitution is directed against the condition imposed in an order of the Regional Transport Authority, Jabalpur (respondent 2) dated 27-9-1958 to the effect that a grant to the petitioner of a stage carriage permit for the Jabalpur-Mandla via Berela-Niwas route (hereinafter called the route) would stand cancelled if the appeal filed by Messrs. Sheikh Rasool Motor Transport Company (respondent 3) is allowed by the State Transport Appellate Authority (Respondent 1 ). The petitioner has also challenged the validity of the order of the State Transport Appellate Authority dated 25-1-1960 whereby the aforesaid appeal was allowed.

( 2. ) THE facts of the case, which are not in dispute, are these. The respondent 3 had applied for and obtained a stage carriage permit for the route to be operated on timings to be fixed subsequently. It transpired that the timings so fixed conflicted with the timings of another permit for the route. On a representation made by the respondent 3, the timings were revised. Since the respondent 3 did not operate even in accordance with the revised timings, the respondent 2 passed on 28-3-1958 the f















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