ALLIED TRANSPORT COMPANY RAMGOPAL SATYANARAYAN TANDON AND SONS BUS OPERATOR KRISHNA TRANSPORT COMPANY REWA VINDHYA MOTOR TRANSPORT COOPERATIVE SOCIETY Vs. STATE OF MADHYA PRADESH
LAWS(SC)-1981-5-17
SUPREME COURT OF INDIA (FROM: MADHYA PRADESH)
Decided on May 08,1981

ALLIED TRANSPORT COMPANY,RAMGOPAL SATYANARAYAN,TANDON AND SONS BUS OPERATOR,KRISHNA TRANSPORT COMPANY,REWA,VINDHYA MOTOR TRANSPORT COOPERATIVE SOCIETY Appellant
VERSUS
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

Desai, J. - (1.) The point raised in this group of writ petitions and special leave petitions is covered by the decision rendered by this Court in Civil Appeal No. 1029 of 1981 and allied appeals pronounced on March 13, 1981. Therefore, this group of writ petitions and special leave petitions will be governed by the aforementioned judgment and will stand disposed of in terms of that judgment.
(2.) The order herein indicated would have been sufficient for disposal of this group of matters but learned counsel appearing for the Madhya Pradesh Road Transport Corporation very vehemently urged that an attempt is being made by the operators to take an unfair advantage of the judgment of this Court as if the Judgment mandates the authorities under the Motor Vehicles Act to grant them permits which they are not otherwise entitled to. One has to guard against such a situation. Being conscious of this fact, in the judgment dated 13th March 1981, in Civil Appeal No. 1029 of 1981, we have clearly expressed ourselves in this behalf. That bears reproduction as part of this judgment "Before concluding it may be noticed that we were told that the petitioner's permits have expired. This order is not to be interpreted or used for even remotely or indirectly suggesting that under the effect of this order or as a result of this order petitioners are not entitled to renewal of their permits. The benefit of the order hereinabove made would be available if and only if, the petitioners have valid permits for operating stage carriages and if such permits are there, they would be without restriction for operating on that part of the route of each of the petitioners which overlaps with the notified route but it would be open to the Regional Transport Authority to impose corridor restrictions. So, however, that such restriction does not suffer from the defect of discrimination which we have held by this judgment to be unconstitutional. Order accordingly. We allow the special leave petitions and the writ petitions to the extent hereinabove indicated with no order as to costs."
(3.) Even on this occasion we want to be explicit with regard to what we are directing by this judgment.;


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