JUDGEMENT
B.N.Sapru, J. -
(1.)There is a route known as Faizabad-Amghat road. One D. D. Pramanik held a permit No. 231 for a bus on that route and the permit was valid upto 26-21971. On 13-6-1968 a notification was issued under Section 68(D)(3) of the Motor Vehicles Act (hereinafter referred to as 'the Act') and the notification was published on 8-5-1968. In the meanwhile on 21-6-1968 D. D. Pramanik died and on 20-7-1968 an application was made by Ram Ajore Jaiswal, the petitioner, under Section 61(2) of the Act for transfer of the permit. His case being that he was in possession of the vehicle covered by permit No. 231.
(2.)Against the publication of the scheme prepared under Section 68(D)(3) of the Act a Writ Petition No. 473 of 1968 was filed by D.D. Pramanik and others and on 19-8-1966 an interim order was made as a result of which the operators were unable to run their buses. The writ petition was ultimately dismissed on 29-1968. Consequently upon the dismissal of the writ petition, the permits were cancelled on 19-9-1968. The permit in favour of the petitioner was cancelled. It is necessary to mention here that after the death of D. D. Pramanik there was dispute between Ram Ajore Jaiswal, the petitioner, and the widow of D. D. Pramanik and a suit was filed. The suit was ultimately compromised on 2.1-11970 and the right of the petitioner was recognised by the widow of D. D. Pramanik.
(3.)On 4-4-1977 the permit was transferred under Section 61(3) of the Act in the name of the petitioner and on the same date he was given a compensatory permit on Chadausi Rajghat route.
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