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1988 Supreme(MP) 185

V.D.GYANI, A.G.QURESHI
Jhamaklal Balmukund Baser – Appellant
Versus
State Transport Authority – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff: S.S. Agarwal, Adv.
For Respondents/Defendant: R.G. Waghmare, G.M. Chaphekar and A.S. Kutumble, Advs.

ORDER

A.G. Qureshi, J.

1. This order shall also govern the disposal of M.P. No. 892 of 1989 (Prasanna Vhandra Chordiya and Anr. v. The Secretary, S.T.A., M. P., Gwalior and Anr.). The points which arise for determination in both these petitions being identical despite the facts being different, both the petitions are being disposed of by this common order.

2. M. P. No. 891 of 1989 is filed by the petitioners who are Ws operators plying passenger buses on the strength of permits granted to them by the Regional Transport Authority, Ujjain Region, Ujjaih. They hold permits for plying stage, carriage vehicles for the route Mandsaur-Neemuch and Neemuch-Rampura. By this petition the petitioners challenge grant of counter signatures on the temporary permit granted to respondent No. 3' by Secretary, RTA, Kota on the route Rawatbhata-Neemuch, Via Gandhi Sagar, Rampura and Manasa, which is an inter-State route within the meaning of the Second Proviso of Section 45of the Motor Vehicles Act. The total length of the route is 132 kms. out of which a major portion of this route i.e. 84 kms. is situated within the jurisdiction of the State of M. P. and the remaining portion lies in the State of Rajas






















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