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Bir Singh Vs Regional Transport Authority, Dehradun and another

Case No: C.M.W.P. No. 31877 of 1990

Date of Decision: Sept. 17, 1997

Citation: (1999) 1 ACC 101 : (1998) 1 AWC 708

Hon'ble Judges: R.R.K. Trivedi, J; M. Katju, J

Bench: Division Bench

Advocate: M.M. Ghildyal, for the Appellant; S.C. and A.D. Saunders, for the Respondent

Final Decision: Dismissed

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Judgement

R.R.K. Trivedi and M. Katju, JJ.@mdashHeard counsel for the petitioner and learned standing counsel.

2. This petition has been filed for a direction to the respondents not to grant/Issue permits on Dehradun-Vikas Nagar--Dak Paththar via Prem

Nagar. This relief has been sought on the ground that the route is a notified route. In out opinion, it is not necessary to issue any direction in this

regard. If the route in question or any part thereof is a notified route, then permit cannot be granted on the same.

3. We thus dispose of this petition with the direction to the respondent No. 1 that whenever they propose to grant any permit on the aforesaid

route, they shall hear the petitioner who is an existing operator on the route and pass a speaking order on his objection before granting a permit. It

shall be open to the petitioner to raise all questions of law and fact In their objection. The interim order dated 5.12.1990 is discharged.