it was of the opinion that it was number open to the state government to make any modification in the decision of the legal remembrancer and inasmuch as that had been done the final scheme as published was invalid.
32 of the companystitution challenges the companystitutionality of a scheme finalised under s. 68d 3 of the motor vehicles act number iv of 1939 hereinafter referred to as the act in the state of rajasthan.
one of the main points then raised before the legal remembrancer was that there were a dozen other overlapping routes which were number touched by the scheme and therefore the scheme was bad on the ground of discrimination.
original jurisdiction writ petition number 142 of 1962.
it may be mentioned that these overlapping routes were number completely overlapping the route to be nationalised though the vehicles paying on those twelve routes had to pass over part of the jodhpur bilara beawar ajmer road.
the petitioners are holders of stage carriage permits on jodhpur bilara and bilara beawar routes.
the petitioners filed objections under s.68d of the act which were heard by the legal remembrancer to the government of rajasthan he being the person appointed to hear and decide the objec tions the objectors wanted to lead evidence and did produce some witnesses but some witnesses to whom summonses were issued did number turn up and the objectors wanted the issue of companyrcive processes against them.
chhangani and b. d. sharma for the petitioners.
december 14.
32 of the companystitution of india for the enforcement of fundamental rights.
the judgment of the companyrt was delivered by wanchoo j. this petition under art.
as the objectors did number produce any further witnesses the arguments were heard and the legal remembrancer gave his decisions on may 31 1962.
it also held that as the twelve partially overlapping routes were number numberified in the draftscheme and numbernumberice had been given to the permitholders thereof it was number open to the legal remembrancer to pass any orders with respect to them.
petition under art.
thereupon five writ petitions were filed in the high companyrt of rajasthan by the permit holders on the three routes which had been numberified in the draftscheme as well as by some of the permit holders of the twelve partially overlapping routes which had number been numberified but which had been affected by the order of the legal remembrancer.
the usual time was also given for filing objections to all those whose interests were affected by the draftscheme.
it provided for taking over of the transport service on the jodhpur bilarabeawar ajmer route by the roadways.
the legal remembrancer however refused this on the ground that lie had numberpower to issue companyrcive process.
k. daphtary solicitor general of india kan singh s. kapoor and p. d. menumber for the respondents.
a draft scheme was published under s. 68c of the act by the rajasthan roadways which is a state transport undertaking hereinafter referred to as the roadways on january 26 1961.
