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1976 Supreme(MP) 97

SHIV DAYAL, N.C.DWIVEDI, R.K.TANKHA, J.P.BAJPAI, U.N.BHACHAWAT
Premchand Jain – Appellant
Versus
Regional Transport Authority, Gwalior – Respondent


Advocates appeared:
G. L. Athawle for petitioner;

OPINION

Shiv Dayal, C. J.-1. The following question has been referred to this Bench :-

"Whether the grant of a temporary permit under sub-section (1-A) and (1-C) of section 68F of the Act is subject to the provisions of section 62 of the Act, and as such cannot be granted for a period exceeding 4 months".

2. The Division Bench, which referred this question was confronted with two conflicting decisions of this Court. In Dhanna Singh Hemraj V. Regional Transport Authority Gwalior AIR 1975 MP 75 = 1974 MPLJ 922. G.P. Singh and B.R. Dube, JJ. reached the following conclusion :-

"For all these reasons, we are of opinion that a temporary permit referred to in sub-sections (1-A) and (1-C) of section 68 F means a temporary permit for a limited period not exceeding four months at any one time as in the nature of a temporary permit under section 62."

3. A contrary view was taken in Misc. Petition No. 1177 of 1974. The M.P. State Road Transport Corporation v. The Secretary, R.T.A. Rewa and Ors; where a Division Bench, consisting of Tare, C J. and Malik, J. made the following observations:-

"But prima facie, we feel that such a temporary permit would not be covered by period of four months provided





























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