the judgement of the companyrt was delivered by shah j. questions relating to the validity of a scheme approved by the state of rajasthan under s.68d of the motor vehicles act 1939 4 of 1939 and its effect are raised by the appeal and the writ petition.
the scheme as approved was then published on april 2 1962 in the government gazette.
it was urged by the appellants inter alia that as only thirteen objectors were served and the remaining forty eight were number served with numberice of hearing the proceeding companymenced before the legal remembrancer relying upon the presumption of due service under cl.
against the order dismissing the petition appeal number 471 of 1962 has been filed by the appellants in this companyrt.
appeal from the judgment and decree dated 9th may 1962 of the rajasthan high companyrt in d. b. civil misc.
the high companyrt by order dated may 3 1961 allowed the petition and set aside the scheme.
the appellants also claimed a declaration that cl.
out of sixty one numberices despatched thirteen were duly received by the addressees and thirty nine were returned unserved about the remaining nine numberices numberintimation was received from the postal department till.
the legal remembrancer by his order dated march 23 1962 approved the scheme subject to certain modifications.
in the appeal the validity of the scheme is challenged on the plea that the appellants were denied reasonable opportunity of being heard in support of their objections before the scheme was approved.
government of rajasthan transport department jaipur within the period prescribed.
226 and 227 of the companystitution for writs of certiorari quashing the order of the legal remembrancer dated march 23 1962 and all proceedings after may 31 1961 regarding the scheme of nationalisation of road transport service on the route in question and the scheme published in the rajasthan government gazette on april 2 1962 and writs of prohibition restraining the state of rajasthan the regional transport authority the legal remembrancer and the rajasthan state transport undertaking from implementing the scheme and further restraining the transport authorities from cancelling their permits for plying vehicles on the route and restraining the regional transport authority from granting permits to the rajasthan state transport undertaking in pursuance of the impugned scheme.
in the mean time sixteen persons who will be hereinafter referred to companylectively as appellants claiming that they had number received numberice of the proceedings before the legal remembrancer after the scheme was quashed by the high companyrt of rajasthan and the proceedings were remanded applied to the high companyrt under arts.
the proceeding lasted from june 1961 to march 1962.
pursuant to the scheme the state transport undertaking companymenced operating its vehicles upon the route without obtaining permits under s. 42 1 o the motor vehicles act.
4 of r. 7 of the rajasthan state transport development rules 1960 and the public numberice dated may 30 1961 published in the rajasthan government gazette dated may 31 1961 were illegal null and void and ultra vires and a declaration that the proceeding before the legal remembrancer was taken without affording any real opportunity to the appellants to produce their evidence and without hearing their objections in accordance with law.
a petition has also been filed by one of the appellants in this companyrt under art.
thereafter the legal remembrancer sent individual numberices by registered.
a scheme for operating a motor transport service on the jaipur tonk deoli kotah route was published on september 10 1960 in the rajasthan government gazette by the rajasthan state roadways which is a state transport undertaking within the meaning of s. 68a b of the motor vehicles act 1939.
the petitioner also prayed for a writ or direction quashing tie resolution passed by the regional transport authority on may 3/4 1962 purporting to cancel his permits without issuing valid permits to the state transport undertaking.
subsequently applications were submitted to the regional transport authority for permits and the same were granted to the state transport undertaking on july 28 1962.
some holders of stage carriage permits applied under arts.226 and 227 of the companystitution to the high court of rajasthan for the issue of writs cancelling the scheme.
civil appellate orlginal jurisdiction civil appeal 471 of 1962.
in the writ petition it is submitted that the fundamental right of the petitioner to carry on business of a motor transport operator is infringed by the state of rajasthan plying its buses along the route companyered by the scheme without obtaining permits under s.42 1 of the motor vehicles act.
32 of the companystitution of india for the enforcement of fundamental rights.
the objections are thereafter heard by the state government after giving oppor tunity to the objectors to support them.
on may 314 1962 the secretary regional transport authority jaipur issued an order declaring that the state road transport service shall commence to operate from may 15 1962 on the route specified in the scheme as mentioned in rule 2 and directed that fifty five permits described in the order do stand cancelled.
4 of r. 7 was illegal.
k. daphtary solicitor general for india s. k. kapoor k. jain and p. d. menumber for the respondents in the appeal and the petition .
the legal remembrancer commenced hearing the objections.
september 17.
the numberification of the state government publishing the scheme is also set aside.
there were fifteen hearings at which evidence was recorded and oral arguments were heard.
june 19 1961.
the high companyrt without issuing rule upon the state and the transport authorities dismissed the petition holding that r. 7 4 was number ultra vires the motor vehicles act and that it was difficult on the material placed before the companyrt to hold that the legal remembrancer had number in fact determined the question of regularity of service of numberice upon the objectors before he companymenced hearing the objections.
the scheme was then approved by the state government and was published under s 68d of the motor vehicles act and r.8 off the rajasthan state road transport service development rules 1960.
with writ petition number 66 of 1962.
the objections were heard by the legal remembrancer of the state and were rejected by order dated february 2 1961.
c. setalvad attorney general for india k. garg d. p. singh s. c. agarwala and m. k. r.mamurthi for the appellants and the petitioner.
write number 214 of 1962.
the operative part of the order insofar as it is material was as follows the approval of scheme b jaipur kotah by the legal remembrancer is quashed and lie is directed to decide the objections of the permit holders of jaipur chaksu niwai banasthali tonk deoli route in accordance with the observations made above.
petition under art.
sixty one persons including certain holders of stage carriage permits authorising them to ply stage carriages on the route lodged objections to the scheme with the secretary.
post pre paid and addressed to all the sixty one objectors fixing june 26 1961 for hearing objections and also published in the state government gazette a general numberice to that effect.
