75 of 1960.
The appellants, in their petition under Art.
V. Viswanatha Sastri, R. Gopalakrishnan and T. M. Sen, for the respondents.
T. Desai, B. R. L. Iyengar and K. P. Bhat, for the Appellant.
Appeal by special leave from the judgment and order dated January 30, 1961, of the Mysore High Court, in Writ Petition No.
The appellants were running stage carriage omnibuses on 18 routes, and 14 such routes are inter District.
On September 21, 1960, the second respondent, who is the General Manager of the State Transport Undertaking, published a tentative scheme for taking over stage carriage services over 64 routes, which were shown in a schedule to the Notification, to the companyplete exclusion of private operators.
December 1.
The companyumns dealing with private operators in respect of the maximum number of vehicles as well as the maximum number of the daily services were invariably shown as Nil.
180 of 1961.
That order companycerned another scheme for the Hassan District of Mysore State.
The action was taken under Chap.
The Judgment of the Court was delivered by HIDAYATULLAH, J. The appellants, C. P. C. Motor Service, Mysore, question a scheme approved and applied by the State of Mysore by its Notification No.
200/TMP/60 in Gazette Extraordinary on November 10, 1960.
CIVIL APPELLATE JURISDICTION Civil Appeals No.
Objections were duly filed by the appellants, which were heard by the Chief Minister, who was the authority to hear the objections under the Rules, and they were disposed of by his order dated November 7, 1960.
226 of Constitution, and the present appeal is filed with the special leave of this Court.
IV A of the Motor Vehicles Act, inserted by s. 62 of Act 100 of 1956.
The scheme was approved with some modifications, and it was published along with the order in the Notification, to which we have already referred.
They had unsuccessfully moved the High Court under Art.
1326 of 1960.
226 of the Constitution, raised many points before the High Court.
Some of the grounds were companysidered in that judgment but others had already been disposed of in other petitions, in which a companymon judgment was delivered by the High Court also on the same day in Writ Petition No.
The High Court, by its judgment under appeal dated January 30, 1961, dismissed the petition.
