NEMAI CHANDRA HALDER vs RABINDRA NATH PALIT . — C.A. No. 2683/2002

Case Summary: C.A. No. 002683/2002 Note: The document provided contains Civil Appeal No. 2676 of 2002 (Abdul Hai Khan v. Subal Chandra Ghose), not the specific case C.A. No. 002683/2002 requested. However, C.A. 2683/2002 was heard together with this appeal, so the judgment applies to it. Decision: The Supreme Court set aside the High Court's Division Bench judgment and restored the Single Judge's decision, dismissing the appellants' writ petition. The Court held that private stage carriage operators operating on nationalized routes under a 1963 transportation scheme (as modified in 1980) cannot obtain a monopoly and are not entitled to prevent other private operators from obtaining permits on overlapping routes. Since the scheme is only a partial exclusion scheme permitting some private operation, individual operators have no legal right to restrict permit-granting authority discretion. This case analysis is maintained by casestatus.in based on publicly available court records.