The learned Judge on this view rejected the writ petition of the appellants.
11 M which came into force with effect from 25th September 1978 and under clause 7 b of this Scheme, the portion of the route from Shivpuri to Satanwara was deleted and the permit of the appellants remained operative only for the remaining portion of the route, namely, Satanwara Gwalior via Dabra.
Appeal by Special leave from the Judgment and Order dated the 19th March, 1971 of the Madhya Pradesh High Court in Misc.
Sections 49 to 51 deal with an application for grant of companytract carriage permit while sections 52 and 53 deal with an application for grant of private carriers permit.
The appellants thereupon preferred the present appeal with special leave obtained from this Court.
Thereafter by a Notification dated 4th August 1978 certain routes were nationalised under Scheme No.
Q. Hassan, S.K. Mehta, P.N. Puri and M.K. Dua for the Appellant.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
Rameshwar Nath for the Respondent.
It appears that on 22nd June 1978 this route for which the permit was held by the appellants was modified at the request of the appellants and the portion of the route from Karera to Shivpuri was deleted.
Petition No.
The question is whether section 47 sub section 3 of the Act is attracted when an application is made by the holder of a permit for extension of the route for which the permit has been granted to him.
The appellants are a partnership firm and at all material times they held a stage carriage permit granted to them by the Regional Transport Authority for the route Dabra Karera via Lodi Mata extended upto Gwalior.
The Judgment of the Court was delivered by BHAGWATI, J. This appeal by special leave raises a short but interesting question of law relating to the interpretation of certain provisions of the Motor Vehicles Act 1939 hereinafter referred to as the Act .
3787 of 1983.
11 M under the Notification dated 18th December 1978 did number have any retrospective effect and the appellants were therefore number entitled to automatic restoration of the portion of the route from Shivpuri to Satanwara and in this view, the Regional Transport Authority rejected the application of the appellants.
565 of 1980.
In order to appreciate the question, it is necessary to state a few facts giving rise to the appeal.
