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1966 Supreme(Online)(MP) 9

MADHYA PRADESH HIGH COURT
T.M. K. Nair, J
Madan Mohan Kunwar v. State


Advocates:
For the Appellants/Petitioners: Shri Tankha
For the Respondents: None

Table of Content
1. the process and justification for permit cancellation must be clearly stated. (Para 1 , 2)
2. failure to notify specific allegations constitutes a breach of legal procedure. (Para 3 , 4)
3. the appeal was allowed; prior decisions quashed. (Para 5)

1. This is an application under Art.226 and Art.227 of the Constitution for the issue of a writ of certiorari for quashing a decision dated 9th June 1965 of the State Transport Appellate Authority dismissing an appeal preferred by the petitioner against an order dated 31st July 1964 of the Regional Transport Authority, Bilaspur cancelling a permit held by him in respect of Jashpur - Tori route. A writ of certiorari has also been sought for quashing the order of the Regional Transport Authority.

2. The petitioner's permit in question had been cancelled earlier also by the Regional Transport Authority on 6th May 1963 for failure to maintain the route. That order was, however, set aside in appeal - by the State Transport Appellate Authority on the ground that the permit was cancelled without complying with the proviso to S.60(1) of the Motor Vehicles Act, 1939 . The appellate authority by its order dated 11th November 1963 re




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