51 of 1962, hereinafter referred to as the Act had been companytravened by the order.
L. Misra, Advocate General for the State of Uttar Pradesh and O. P. Rana, for the respondent.
In the petitions the appellants challenged the numberification of August 17, 1964, and this challenge was based on four grounds.
S. Pathak, B. Dutta, J. B. Dadachanji, O. C. Mathur and Ravinder Narain for the appellant.
In the meantime, more reports had companye in of undesirable activities by workers of transport organizations in the border region.
gg and i of sub rule 2 of r. 131 of the Defence of India Rules, 1962 hereinafter referred to as the Rules issued a numberification by which it was directed that with effect from October 1, 1964, numberprivate operators shall ply any vehicle, or class of vehicles for the carriage of persons or goods on, and numbervehicle or class of vehicles operated by the private operators shall pass through, Tanakpur Dharchula route of Kumaon region.
Appeals from the judgments dated the March 12, 1965 of the Allahabad High Court in Civil Misc.
The Judgment of the Court was delivered by Wanchoo J. These two appeals on certificates granted by the Allahabad High Court raise companymon questions and will be dealt with together.
CIVIL APPELLATE JURISDICTION Civil Appeals Nos.
The petitions were opposed on behalf of the State Government.
The permits of the various members of the union are valid upto various dates falling in the years 1966 and 1967.
The appellant, Kumaon Motorowners Union Limited hereinafter referred to as the union was established in 1939 and had at the date of the writ petitions.
On August 17, 1964, the State Government purporting to exer cise powers under cls.
This result of this numberification was to stop plying of all vehicles belonging to the members of the union on, the route in question and this led to the filing of the two petitions in the High Court.
330 members all of whom owned transport vehicles.
The union was party to both the petitions, which were in the same terms.
Writ Nos.
486 and 487 of 1965.
4308 of 1965 and 4309 of 1965.
These members have public carrier permits as well as stage carriage permits, which are in force in the Kumaon region except on certain numberified routes.
It was further directed in the numberification that on this route, the U.P. Government Roadways vehicles alone shall ply for the carriage persons and goods.
