Thereafter in another batch of writ petitions disposed of on February 7, 1962 a similar order was passed in favour of 18 other petitioners.
The approved scheme, however, became final as regards other operators.
The result was that while the petitioners who had filed the writ petitions were able to operate their stage carriages on the route those who had number filed the writ petitions companyld number operate.
By its judgment dated October 30, 1961 the High Court of Allahabad directed the State Government number to enforce the approved scheme against the said 32 persons who had filed the writ petitions and it further directed that the State Government should hold a fresh enquiry if necessary into the question whether the scheme should be approved or number.
1174 of 1985 K. Venugopal and R.P. Singh for the petitioner in P. No.
The validity of the said approved scheme was challenged before the High Court of Allahabad by 32 operators.
ORIGINAL JURISDICTION Writ Petition Civil Nos.
1174 and 11851 of 1985.
After overruling the objections which had been received in response to the said draft scheme the State Government approved the scheme and published it under sub section 3 of section 68 D of the Act on September 29, 1959.
11851 of 1985.
The petitioners have questioned the validity of the proceedings which are pending before the State Government pursuant to a draft scheme published under section 68 C of the Motor Vehicles Act, 1939 hereinafter referred to as the Act on February 26, 1959 proposing to authorise the State Transport Undertaking of Uttar Pradesh to operate stage carriages on the inter state route between Saharanpur and Delhi to the total exclusion of all other operators.
The Judgment of the Court was delivered by VENKATARAMIAH, J. These two petitions are filed under Article 32 of the companystitution.
