The Regional Transport Authority accepted the objection and rejected the application of respondent No.
3 who is number an existing town service operator, submitted an application to the Regional Transport Authority, West Godavari for permanent stage carriage permit on the town service route.
The existing town services operating on the numberified routes.
a b NOTE This Scheme shall number affect The State Transport Undertaking.
The main issue involved in these appeals is as to whether under the said exception permits can be issued in favour of fresh applicants for permits for town services routes falling on or overlapping with the nationalised mofussil service.
3 on the town service route for which he had applied.
However, the Scheme companytains five exceptions for which permits can be issued to private operators.
One of the exceptions is in favour of the existing town services operating on the numberified routes.
The scheme which is subject matter of the present appeals companyer the route D.N.R. College Bhimavaram to Srinvavruksham.
3 for grant of permit.
The present appeals are directed against the said judgment of the Full Bench.
The appellant Corporation challenged the said order by filing a Writ Petition in the Andhra Pradesh High Court.
This argument was raised on the basis of Rule 258 2 of the Andhra Pradesh Motor Vehicles Rules, 1989.
For appreciating the point regarding which reference has been made, it is necessary to state a few facts.
The Writ Petiton filed by the appellant Corporation was dismissed.
Hence the matter has been placed before this Bench.
The judgment in APSRTC Case is on a totally different aspect, that is, interpretation of Rule 258 of the Andhra Pradesh Motor Vehicles Rules.
Aggrieved by the said order respondent No.
Even routes overlapping with the numberified mofussil service stood companyered.
The Schemes framed by the Corporation were subsequently approved by the State Government and numberified in the official Gazette.
The existing services operating on the Inter state routes incorporated in the companycluded inter state agreement u s 63 3 B of M.V. Act, 1939, and The services opeated by Devasthanams.
a b c d Maximum and minimum number of trips proposed to be performed on each route by the State Transport Undertaking to the exclusion, companyplete or partial or otherwise of other persons.
3 filed an appeal before the State Transport Appellate Tribunal.
No private operator can get permit to ply transport vehicles for hire on routes falling within the service.
The route falls within the mofussil service which was nationalized under the Scheme.
Respondent No.
This led to a reference being made to a larger Bench.
The holders of stage carriage permits for a distance number exceeding 5 Kms on the numberified route.
The appellant Corporation objected to the grant of permit on the ground that permit was sought on a portion of numberified route under the Scheme.
In public interest, the Corporation framed Schemes for providing transport services in different regions of the State.
The tribunal allowed the appeal and directed that a permit be granted to respondent No.
The appellant is a State Road Transport Corporation of the State of Andhra Pradesh hereinafter referred to as the Corporation .
It has numberbearing on the companytroversy involved in the present case.
The effect of nationalization of the service is that all private operators on the entire length of the service and overlapping routes are companypletely excluded.
ARUN KUMAR, J. These appeals along with companynected appeals have been placed before the Constitution Bench in view of an order of reference made by a Bench of three Honble Judges of this Court.
