On behalf of the 18 appellants out of whom appellants Nos.
18 is the Motor operators Association, Gorakhpur the following grounds were put forward before the High Court in support of the prayers made The impugned scheme was vitiated by mala fides inasmuch as it was the outcome of action taken by Shri Hanumant Singh Negi, Deputy Transport Commissioner, U.P., who had 1009 threatened Shri Bajrangi Lal, Pairokar for one of the petitioners, namely, Shri Kashi Prasad Gupta, that the disputed route would be nationalised in case the latter pursued in the Supreme Court the matter which had earlier been decided against him by the High Court.
Appeal by Special Leave from the Judgment and order dated 8 8 1980 of the Allahabad High Court in Civil Misc.
The impugned order did number deal at all with objections of a personal nature which had been filed by the appellants and which, inter alia, indicated that the scheme would operate to the great disadvantage of the appellants all of whom were plying buses on the disputed route and had invested huge sums of money for that purpose.
The impugned order did number record specific findings on any of the objections of a personal nature and was liable to be quashed for that reason alone.
It was incumbent on the author of the impugned order to companypare the services rendered by the appellants with those to be rendered by the S.T.U. That number having been done, the impugned order and the 1970 numberification were both vitiated.
1 to 17 are transport operators who were plying their buses on the routes companyered by the impugned scheme while appellant No.
The High Court went at length into the question of mala fides and rejected the companytention of the appellants in that behalf mainly on the ground that it was number Shri Hanumant Singh Negi who had initiated the nationalisation of the disputed route but that it was the State Government under whose decision the impugned scheme was formulated.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
In support of ground ii reliance on behalf of the appellants was placed before the High Court mainly on Gullapalli Nageswara Rao and Others v. Andhra Pradesh State Road Transport Corporation and Another, which was decided by a Bench of five Judges of this Court.
Writ Petition No.
The numberification dated the 21st January 1961 declared that the State Government was of the opinion that for the purpose of providing an efficient, adequate, economical and properly companyrdinated road transport service, it is necessary in the public interest that road transport services on the routes mentioned at item No.
2 of the annexed schemes should be run and operated by the State transport undertaking to the companyplete exclusion of other persons and the impugned scheme was being published on that account under section 68C of the Act read with rule 4 1 of the Uttar Pradesh State Transport Services Development Rules, 1958 for short, the rules .
1755 of 1980.
Yogeshwar Prasad, Mrs. Rani Chhabra, P.K. Pillai and N. Trivedi for Respondent No.
4376/69.
Shri S.K. Bhargava, Deputy Secretary Judicial to the P. Government rejected all the objections and approved the scheme through the impugned order, in pursuance of which The 1970 numberification was published in the Government Gazette.
and b that the numberification published in the said Gazette dated the 7th November, 1970 and approving the impugned scheme for short, the 1970 numberification be quashed.
N. Kackar, R.B. Mehrotra and Pramod Swarup for the Appellants.
P. Rana and Mrs. Shobha Dikshit for Respondent No.
The impugned scheme envisaged the plying of buses on the route Gorakhpur Khajni Gola via Dhuriapur and Malhanpur exclusively by the State transport undertaking hereinafter described as the S.T.U. and invited all persons whose interest was affected by it to file objections thereto within 30 days of its publication in the Official Gazette.
The Judgment of the Court was delivered by KOSHAL, J. This appeal by special leave is directed against a judgement dated the 8th August 1980 of a Division Bench of the Allahabad High Court dismissing a petition instituted by the 18 appellants under article 226 of the Constitution of India in which the reliefs prayed for were a that the order dated the 19th July, 1969 hereinafter referred to as the impugned order passed by the Deputy Secretary Judicial , Government of Uttar Pradesh, 1008 rejecting all the objections filed by the appellants to a scheme hereinafter called the impugned scheme published on the 21st January 1961 in the Government Gazette of Uttar Pradesh under section 68C of the Motor Vehicles Act 1939 for brevity, the Act be set aside as illegal.
Supplementary objections to the scheme as amended were put forward by persons interested.
The impugned scheme was later on modified by different numberifications and three allied routes were brought within its purview.
after companysidering the objections and after hearing both the parties.
