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1951 Supreme(MP) 1

S.S.SHINDE, DIXIT, MEHTA, CHATURVEDI, KAUL
DAYABHAI POONAMBHAI PATEL – Appellant
Versus
REGIONAL TRANSPORT AUTHORITY – Respondent


Judgement

Kaul, C J

[1] This is an application purporting; to be made under Article 226 of the Constitution. The applicant Dayabhai Poonambhai Patel is a resident of Barwani. Prior to its integration with Madhya Bharat Barwani was an independent State governed by its Ruler styled His Highness the Maharana of Barwani. According to the applicant by an agreement dated 30-11-1947 His Highness the Maharana granted to him for the value of a consideration, a monopoly (sole right) for transport of passengers by motor buses within the State. One of the terms of the agreement was that no other buses or taxies except chose of the applicant would be allowed to ply on hire within (the State territory. That on 29-6-1948 the State of Barwani was merged in & became a part of the union of Madhya Bharat. This was effected in pursuance of a Covenant entered into on 22-4-1948 between the Ruler of Barwani & the Rulers of a number of other States in Central India This had the sanction of the then Govt. of India. The Union acceded to the Dominion of India & now forms a State of Indian Republic under its old name Madhya Bharat.

[2] It is further averred that under Article VI (1)(b) of the Covenant to which


















































































































































































































































































































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