AKHTARI BEGUM Vs. THE APPELLATE AUTHORITY FOR MADHYA BHARAT AND ORS.

JUDGEMENT

(1.) THE Petitioner Akhtari Begum has filed a petition under Article 226 as well as Article 227 of the Constitution of India for issuing a writ in the nature of certiorari, mandamus or prohibition for quashing the order dated 30 -3 -1955 passed by Respondent 1 the Appellate Authority for Madhya Bharat constituted under Section 44, Motor Vehicles Act. The application arises under the following circumstances.

(2.) THE Petitioner Akhtari Begum and Respondent 3 Shailkh Ahmed reside at Mehidpur and ply motor buses on hire. The Petitioner held a permit granted to her by the Regional Transport Authority, Southem Region, for plying her motor buses on the route Mehidpur town to Mehidpur Railway Station for the period 1 -1 -1951 to 31 -2 -1954. Shaikh Ahmed also held similar permits for plying his motor buses on the same route.

(3.) THE dispute related to the permit granted in favour of the Petitioner upto 31 -3 -1954 between Mehidpur town and Nagda Railway Station. The date, in our opinion, was matorial, for after 31 -3 -1954 applications for fresh permit would have been invited or the existing permit would have been renewed. Section 58(2), Motor Vehicles Act says: