Rajasthan as the numberifications were published in the Gazette of Uttar Pradesh only.
The appellants, who are bus operators of Rajasthan, and some others thereupon filed petitions under articles 226 and 227 of the Constitution to challenge the validity of the above numberifications.
From the Judgment and order dated the 9th December 1971 of the Allahabad High Court at Allahabad in Special Appeals Nos.661 662, 665, 666, 668, 681, 682, 684 of 1968.
1870 1871 of 1972 From the Judgment and Order dated the 9th December, 1971 of the Allahabad High Court at Allahabad in Special Appeals Nos.
Notification dated December 4, 1961 was published in the P. Gazette dated December 9, 1961 by the Uttar Pradesh Government under section 68C of the Act in respect of proposed scheme for providing State road transport passenger services on inter State Agra Dholpur route.
The learned Judge was of the view that in framing the scheme the State transport undertaking performed executive function of the State.
Sen, D. N. Misra, J. B. Dadachanji, O.C Mathur and Ravinder Narain, for the appellants in C. A. Nos.
1737 to 1745 D. Sharma, for the appellant in C. A. No.
675 and 676 of 1968.
1870 71 Niren De, Attorney General of India, and O. P. Rana, for the respondents.
1738, for the companynsel for the parties are agreed that the decision in that appeal would also govern the other appeals as the question of law involved in all these appeals is identical.
1737 1745 of 1972 and civil appeals No.
The Judgment of the Court was delivered by KHANNA, J. The validity of schemes approved by the Uttar Pradesh Government under section 68D of the Motor Vehicles Act, 1939 Act 4 of 1939 hereinafter referred to as the Act for inter State routes as a result of which private operators including those who had been granted permits by Regional Transport Authorities of Rajasthan were excluded from those routes has been called in question in civil appeals No.
CIVIL APPELLATE JURISDICTION Civil Appeals Nos.
And Civil Appeals Nos.
Finding was also given that effective numberice had number been given to the bus operators of.
The learned single Judge who heard the writ petitions came to the companyclusion that a State companyld number by taking unilateral action provide transport services for a territory outside the limits of its own territory.
1738 of 1972 relates to Dholpur Agra route.
This judgment would dispose of all the appeals.
On June 14, 1960 a letter was sent by the Deputy Secretary to the Government of Rajasthan to the Secretary to the Government of Uttar Pradesh in reply to an earlier letter received from the Transport Commission Uttar Pradesh companyveying approval of the Rajasthan Government for the nationalisation of the undermentioned routes for the operation of services by the State transport undertakings of both States in accordance with the reciprocal arrangement arrived at between the two States Bharatpur Agra Bharatpur Mathura Alwar Mathura Mathura Kama Kosi via Goverdhan Agra Dholpur We are in the present appeals companycerned with four of the routes, i.e. the routes mentioned above other than Bharatpur Mathura route.
1870 and 1871 of 1972 which have been filed on certificate against the companymon judgment of the Allahabad High Court.
Appeal No.
Objections were invited with regard to the proposed Scheme from persons affected by the scheme.
No objections were, however, filed against the aforesaid scheme and the same was approved under section 68D 2 of the Act by the Joint Judicial Secretary to the Government of Uttar Pradesh, who was the hearing authority, as per order dated July 30, 1962.
View was expressed that one State companyld number cancel permits held by the bus operators of another State.
1737 to 1745 of 1972.
The scheme also visualised the cancellation of the permits which had been granted to the private operators, including the appellants.
The writ petitions were accordingly allowed and the impugned numberifications were quashed by the learned single Judge.
