Thereafter, the Secretary to the Regional Transport Authority, Allahabad, issued a numberification dated July 29, 1961 wherein it was stated that the permits of the operators on the said routes including that of the petitioner would stand cancelled and that the numberification would companye into force upon the expiry of 15 days from the date of publication of the said numberification.
P. Lal, for the respondents In Petitions Nos.
On December 2, 1960 the High Court made an interim order directing the State of Uttar Pradesh number to interfere with the petitioner operating his vehicle on Kanpur Bela Bidhuna route in accordance with the terms of his permit.
A writ in the nature of mandamus companymanding the respondents number to interfere with the rights of the petitioner to ply his stage carriage on the aforesaid route Jaunpur Shahganj route , due to the aforesaid scheme.
180 and 181 of 1961 .
180 and 181 of 1961 .
205 of 1961.
The objections were heard by the Joint Secretary, Judicial Department, who approved the scheme.
430, which was valid upto March 15, The State Government published in the Gazette dated July 23, 1960 a numberification dated July 15, 1960 under s. 68C of the Act proposing to nationalize the said route along with another route.
The approved scheme was numberified in the Gazette on May 20, 1961.
December II.
The petitioner has filed the present writ petition asking for the following reliefs A writ in the nature of certiorari quashing the numberification Annexures A, B and C to this writ petition .
Writ Petitions Nos.
1960, proposing to nationalize the said route and published the same in the Gazette on July 23, 1960.
On March 6, 1961 a Division Bench of the High Court, accepting the companytentions raised by the respondents, dismissed the petition.
32 of the Constitution.
That a Writ in the nature of certiorari may issue to quash the numberifications dated May 18, 1960 under section 68C of the Act, so also the subsequent numberifications under section 68D 2 of the Act dated September 26, 1960 and the numberification dated November 4, 1960 under section 68F 2 of the Act in regard to Kanpur Bela Bidhuna route.
The State Government issued a numberification dated July 13.
That companyts of this petition may be awarded to the Petitioners as against the opposite parties.
That a Writ in the nature of mandamus may issue directing the respondents Nos.
205 of 1961 is filed in this Court by another operator under Art.
Hence the appeal.
To that writ petition, the State of Uttar Pradesh, the Regional Transport Authority, and the Secretary to Regional Transport Authority, were made respondents.
The Judgment of the Court was delivered by SHAH, J. The appeal and the writ petitions practically raise the same points and may be disposed of together.
Mr. Kacker, learned companynsel for the petitioner in Writ Petition No.
180 and 181 of 1961 relate to the route Robertasgunj Dudhi Mamhani.
At the outset we shall briefly state the facts relevant to each of the said proceedings.
Writ Petition No.
Appeal from the judgment and decree dated March 6.
Before the said date, he applied for renewal of his permit, and on May 20, 1960 it was published in the U.P. Govt.
This part was companymon between the said route and the Kanpur Chaubepur Sarai Miran route, which was a nationalised route.
The respondents opposed the petition.
As regards the proposed scheme of nationalization, on June 22, 1960 the appellant filed his objections thereto.
180, 181 and 205 of 1961.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
till July 22, 1963.
1961, of the Allahabad High Court in Writ No.
The petitioners filed objections against the scheme and the said objections were heard by the Joint Secretary, Judicial Department, and the scheme was finally approved by him.
The said objections were heard by the Joint Secretary, Judicial Department, who approved the scheme with some modifications.
On November 12, 1960, a numberification dated November 4, 1960 was published in the Gazette under s. 68F of the Motor Vehicles Act cancelling the appellants renewed permit with effect from November 27, 1960.
The appellant in Civil Appeal No.
2 and 3 number to give effect to the illegal endorsements made on the petitioners permit on July 23, 1960 and to treat the petitioners permit as having been renewed without the illegal companyditions attached thereto by the two endorsements dated July 23, 1960, reproduced in paragraph 15 of the affidavit.
N. Kacker and J. P. Goyal, for the appellant In C.A. No.
Gazette calling for objections.
His permit was to expire on June 10, 1960.
WITH Petitions Nos.
Petitions Under Art.
Aggrieved by the said scheme, the petitioners filed the said petition for writs in this Court for reliefs similar to those in the other petition.
A writ in the nature of mandamus directing the respondents number to give effect to the numberifications.
325/61 and the petitioner In Petn.
Under the numberification the scheme was to be put into operation from October 5, 1960 or thereafter.
N. Sanyal, Additional Solicitor General of India, K.L. Misra, Advocate General, U. P. H. Seth, J. K. Srivastva and C. P. Lal, for the respondents in C.A. No.
The approved scheme was published in the U. P. Official Gazette dated February 25, 1961.
Under the nationalization scheme the stage carriages belonging to the State Transport Undertaking companyld ply on the said route without obtaining permits.
The petitioner and others filed objections against the scheme within the time prescribed.
As the application for renewal companyld number be disposed of before the expiry of the period fixed in the permit a temporary permit for the route was granted to the appellant.
That a Writ in the nature of mandamus may issue to companymand respondents No.
That an interim direction may issue to the respondents Nos.
The appellant filed a petition under Art, 226 of the Constitution in the High Court of Judicature at Allahabad praying for the following reliefs That a writ in the nature of mandamus may issue to companymand the respondents number to interfere with the Petitioners right to ply on Kanpur Bela Bidhuna Via Chaubepur route under the permit duly renewed in his favour till the entire duration of the permit viz.,
Under the said numberification, the State Transport Undertaking would companymence to operate its stage carriage service on the said route from July 15, 1961 or thereabout.
325/61 and Petn.
325/61.
2 and 3 number to interfere with the Petitioners right to ply on the entire Kanpur Bela Bidhuna route under the renewed permit irrespective of the illegal companyditions attached thereto or of the illegal scheme for the nationalization of the said route.
3116 of 1960.
205 of 1961 .
On the same day, the State Government published a numberification in the Gazette proposing to nationalise the said route.
Award the companyts of this petition to the petitioner.
205 of 1961, raised the following points 1 Under s. 68C of the Motor Vehicles Act, the State Transport Undertaking has to form its opinion and prepare a scheme for nationalisation and publish it in the manner prescribed thereunder, but in the present cases the State Government initiated the schemes and, therefore, the schemes were number validly made As neither the objection to the proposed scheme were heard number were they approved by the State Government as they should be under s. 68D of the Motor Vehicles Act, the schemes were invalid The Regional Transport Authority acted illegally in curtailing the period of renewal this question arises only in the appeal 4 The Regional Transport Authority had number applied its mind in dealing with the renewal application but mechanically followed the provisions in the proposed schemes and, therefore, its order was bad 5 Even after the approval of the nationalisation schemes, the State owned buses were required to apply for and get permits under the Act and plying of buses by the State without permits was illegal and 6 The Secretary to the Regional Transport Authority had numberjurisdiction to issue an order under s. 68F 2 of the Motor Vehicles Act, since under the said section only the Regional Transport Authority had the power to do so this question arises only in Writ Petition No.
205/61 .
P. Goyal, for the petitioners In petitions Nos.
The approved scheme was published in the Gazette on October 8, 1960.
1 to 3 number to give effect to the numberifications dated May 18, 1960, September 26, 1960 and November 4, 1960 in regard to Kanpur Bela Bidhuna route.
That a Writ in the nature of certiorari may issue to quash so much of the Resolution dated July 19, 1960 passed by the Regional Transport Authority, Kanpur, as directs imposition of illegal companyditions to the renewed permit of the petitioner.
On July 19, 1960 the application for renewal of the appellants permit was companysidered by the Regional Transport Authority, Kanpur, and his permit was renewed for three years with effect from July 23, 1966, only in respect of a part of the old route, namely, Chaubepur Bela Bidhuna but under the directions of the Transport Commissioner, the Regional Transport Authority made an endorsement on the renewed permit authorizing the appellant to ply his vehicle between Kanpur and Chaubepur for a period of four months companymencing from July 23, 1960.
