1972 (8) TMI 146

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..... s by certificate from the judgment dated 11 August, 1964 of the High Court of Madras reversing the decision of the learned Single Judge. The High Court issued a writ quashing the order of the State Transport Appellate Tribunal, Madras and directed the Appellate Tribunal to determine the question of grant of permit outside the ambit of the impugned Government Order No. 2265 dated 9 August. 1958 . .....

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..... Among the various grounds on which the respondent impeached the order of the State Transport Appellate Tribunal it was said that the Tribunal overlooked the superior claims of the appellant by treating the preference mentioned in the Government Order as an absolute preference. 5. The learned Single Judge held that though the State Transport Appellate Tribunal gave preference to the appellant .....

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..... fically mentions the Government Order No. 2265 dated 9 August, 1958 and incorporates the same as a part of the speaking order in the determination of the controversy. The Government direction was that preference will be given for short routes to new entrants and for medium routes to applicants with one or more buses. The State Transport Appellate Tribunal referred to the fact that the appellant wa .....

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..... claims of the parties for the grant of permit. Section 43A of the Motor Vehicles Act, 1939 as inserted by the Madras Amending Act 20 of 1948 confers power on the State Government to issue orders and directions to the State Transport Authority only in relation to administrative functions. It is also held by this Court that the decision of the Regional Transport Authority must be absolutely unfette .....

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..... e applicants and the Tribunal takes into consideration such direction of the executive, the judicial determination by the Tribunal is polluted. 12. The High Court was right in directing that the applications must be dealt with and disposed of outside the ambit of the impugned Government Orders or their constraining interference . 13. For these reasons, the appeal is dismissed. There wil .....

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