Supreme Court of India · 1961-12-01
NILKANTH PRASAD AND OTHERS vs STATE OF BIHAR
- Citation / case number
- SC 1961/138
- Court
- Supreme Court of India
- Petitioner
- NILKANTH PRASAD AND OTHERS
- Respondent
- STATE OF BIHAR
- Bench
- HIDAYATULLAH
Judgment text excerpt
The Supreme Court held that under Section 68F(2)(c)(iii) of the Motor Vehicles Act, 1939, the Regional Transport Authority must refuse permits to private operators if a State Transport Undertaking has applied for or been granted a permit for a notified route. The Court clarified that the notified route, forming part of a larger route operated by private operators, does not allow those operators to run their omnibuses on the notified portions. The decision in Abdul Gafoor v. State of Mysore, AIR 1961 SC 1956, was followed, affirming the authority's duty to act under the law.