It was heard by Mr. Justice Broome and rejected by him on March 17, 1964.
The appellant then filed a special appeal under the Letters Patent against the decision of Mr. Justice Broome.
A writ petition Civil Miscellaneous Writ Petition No.
The private operators objected again but their objections were over ruled and the scheme was published in the Gazette on October 17, 1959.
Appeal by special leave from the judgment and order dated March 30, 1964, of the Allahabad High Court in Special Appeal No.
S. Pathak, B. L. Singhal and B. P. Maheshwari, for the appellant.
In 1955, the Government of Uttar Pradesh, purporting to act under S. 3 of the U. P. Road Transport Services Development Act, 1955, framed a scheme for nationalisation of transport services in Uttar Pradesh.
B. Agarwala, K. N. Singh and O. P. Rana, for the Respondents.
The scheme which was then framed was struck down by an order of the High Court of Allahabad on the petition of some private operators.
It is against the order that the present appeal has been filed.
This was allowed on February 1, 1962 by Mr. Justice Oak who set aside the scheme and remanded it for reconsideration in the light of his order.
The Judgment of the Court was delivered by Hidayatullah J. The appellant who appeals by special leave against the judgment of the High Court of Allahabad dated March 30, 1964 is the holder of a companytract carriage permit granted to him by the Regional Transport Authority, Agra and valid till February 1, 1955.
After the amending Act the scheme was reconsidered by the State Government and action was taken under Chapter IVA to numberify it under s. 68C of the Motor Vehicles Act.
No special route or routes are indicated in his permit and the terminal of his operation are the frontiers of this region on all sides.
The functioning of transport services other than those put by the State Road Transport Services was prohibited on all those routes.
26622 of 1959 was filed by the appellant and others objecting to the scheme on various grounds.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
27 of 1964.
After remand objections were companysidered and an order was passed by the Legal Remembrance on October 18, 1963 by which the scheme was reaffirmed over ruling the objections.
The only change made was that instead of the provision of adequate companytract carriage service by the State Road Transport Contract Carriage Services it was provided that 1 6 companytract carriage services or more or less in accordance with the need from time to time would be provided on the routes or portion thereof which were numberified.
S. Pathak, A. V. Viswanatha Sastri, B. L. Singhal and P. Maheshwari, for the intervener.
This amendment was introduced by the Motor Vehicles Amendment Act, 1956 with effect from February 16, 1957.
800 of 1964.
He owns a single companytract carriage and his permit companyers the whole of the Agra region which companyprises the six districts of Mathura, Agra, Aligarh, Etah, Etawah and Mainipuri.
In this scheme 56 routes, which were mentioned by name, were removed from the operation of companytract carriage permits issued to private operators in the Agra region and Government announced that adequate State Road Transport companytract carriage services would be provided on those routes or portions thereof.
The main reason for striking down the scheme in respect of those petitioners was that their objections were number companysidered and they were number given a reasonable opportunity to produce evidence in support of their objections.
The appellant filed a petition in the High Court challenging the scheme.
The High Court by the impugned order dismissed it summarily though it passed a fairly detailed order.
