MOHD. SHAFIQ KHAN & ORS. ETC., versus COMPETENT AUTHORITY & ORS. ETC.

MOHD. SHAFIQ KHAN & ORS. ETC., versus COMPETENT AUTHORITY & ORS. ETC.

Petitioners are not entitled to authorisation certificate for notified routes as none held permits for the disputed notified routes at the time the routes were nationalised, and interim stay orders do not confer entitlement under Section 5 of the Act.

Parties
Petitioners: Mohd. Shafiq Khan & Ors.; Respondents: Competent Authority & Ors.
Jurisdiction
India
Judgment Date
27 November 1987
Procedural Posture
Special Leave Petition (civil) / Dismissal of SLP After Challenge to High Court Order
Outcome
Petitions dismissed
Legal Topics
Stage Carriage Permits, Nationalisation of Routes, Authorisation Certificate Under U.p. Motor Vehicles (special Provision) Act, 1976
Administrative Law Transport Law Stage Carriage Permits Nationalisation of Routes Authorisation Certificate Under U.p. Motor Vehicles (special Provision) Act, 1976

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Parties

Mohd. Shafiq Khan & Ors.

Petitioners

Competent Authority & Ors.

Respondents

Procedural Posture

Special Leave Petition (civil) / Dismissal of SLP After Challenge to High Court Order

Legal Issues

  1. 1 Whether petitioners are entitled to authorisation certificate for plying stage carriage vehicles on notified routes under the U.P. Motor Vehicles (Special Provision) Act, 1976

Ratio Decidendi

Petitioners are not entitled to authorisation certificate for notified routes as none held permits for the disputed notified routes at the time the routes were nationalised, and interim stay orders do not confer entitlement under Section 5 of the Act.

Court Disposition

Petitions dismissed

Orders

  • Special Leave Petitions dismissed
  • No authorisation certificate to be granted to petitioners for notified routes