Thereafter the Andhra Pradesh Road Transport Corporation, which was formed under the provisions of the Road Transport Corporation Act, 1950, took over the Undertaking and proceeded to implement the scheme under a phased programme.
The petitions were heard by a Division Bench of the said High Court companysisting of Chandra Reddy, C.J., and Srinivasachari, J., who negatived the companytentions raised by the appellants and dismissed the petitions.
The said orders were companymunicated to the appellants on December 24, 1958, and they were also directed to stop plying their buses from December 25, 1958, on their respective routes.
On December 24, 1958, the said Authority passed orders rendering the permits of the appellants ineffective from December 24, 1958, and also issuing permits to the Corporation in respect of the routes previously operated by the appel lants.
32 of the Constitution for quashing the said scheme on various grounds.
The order approving the scheme was duly published by the Government in the official Gazette oil December 22, 1958.
It would be only necessary to recapitulate briefly the facts relevant to the present enquiry The appellants were carrying on motor transport business for several years in Krishna District in the State of Andhra Pradesh.
On December 23, 1958, the Corporation applied to the Road Transport Authority for the issue of permits for plying stage carriages and for eliminating the permits granted to the private bus operators.
Appeals from the judgment and order dated the 5th March 1959, of the Andhra Pradesh High Court, in Writ Petitions Nos.
After the said order, numberices were issued by the Government to all the objectors informing them that a personal hearing would be given by the Chief Minister on December 9, 1958, and they were further informed that they were at liberty to file further objections before November 30, 1958.
The Chief Minister heard the representatives of the objectors and the Corporation and passed orders dated December 19, 1958, rejecting the objections filed and approving the scheme as originally published.
C. Chatterjee, G. Suryanarayana, K. Mangach and T. V. Tatachari, for the appellants.
Narasaraju, Advocate General for the State of Andhra Pradesh, D. Venkatappiah Sastry and T. M. Sen, for the respondents.
of the Transport Department which resulted in the quashing of the order of the Government approving the scheme and directing it to forbear from taking over any of the routes on which the appellants were engaged in transport business.
CIVIL APPELLATE JURISDICTION Civil Appeals Nos.
1511 and 1512 of 1958 and 23 of 1959.
Shri Guru Pershad, styled as the General Manager of the State Transport Undertaking of the Andhra Pradesh Road Transport, published a scheme for nationalization of motor transport in the said State from the date to be numberified by the State Government.
The appellants moved this Court under Art.
The Judgment of the Court was delivered by SUBBA RAO J. These appeals on certificates are directed against the judgment of the High Court of Judicature, Andhra Pradesh, at Hyderabad, dismissing the petitions filed by the appellants under Art, 226 74 of the Constitution for issuing writs of certiorari to quash the orders of the Government of Andhra Pradesh companyfirming a scheme of nationalization of transport and the subsequent orders of the Regional Transport Authority cancelling the appellants stage carriage permits.
The approved scheme was published in the Andhra Pradesh Gazette dated January 9, 1958, and it was directed to companye into force with effect from January 10, 1958.
On December 26, 1957, the Secretary in charge of the Transport Department gave a personal hearing to the objectors and heard the representations made on behalf of the State Transport Undertaking.
August 21.
The entire material gathered by him was placed before the Chief Minister of the State in charge of transport who made the order approving the scheme.
226 of the Constitution for quashing the same.
198 to 200 of 1959.
The appellants, who were aggrieved, by the orders of the Government as well by the order of the Regional Transport Authority filed petitions in the High Court under Art.
The facts were fully stated therein.
These appeals are the off shoot of the judgment of this Court in Gullapalli Nageswara Rao v. Andhra Pradesh State Road Transport Corporation 1 delivered on November 5, 1958.
Objections to the said proposed scheme were invited by the State Government, and the appellants, among others, filed their objections.
This Court rejected most of the objections raised by the appellants except in regard to two pertaining to the hearing given by the Secretary in charge 1 1959 S.C.R. SUPPl 319.
Hence these appeals.
