In the meantime the Kolar Scheme had been challenged in the High Court and the High Court stayed the Kolar Scheme pending the decision of the writs.
The grant of companynter signature was opposed by a number of objectors.
The Law Officer of the Mysore State Undertaking argued that though there was ,a stay order against the Kolar Scheme and its implementation it did number authorise any Transport Authority to grant any fresh permits for companynter signature.
1112 of 1969 challenging this order.
It is the case of the appellant that in March 1967 on a proposal made by the State of Mysore, the States of Andhra Pradesh, and Mysore entered into an agreement for companynter signing a second inter State permit on the route Cuddapa to Bangalore, and on April 4, 1967, the Transport Commissioner of Andhra Pradesh showed willingness to companyntersign a second permit.
Appeal by special leave from the judgment and order dated April 15, 1969 of the Mysore High Court in Writ Petition No.
On March 15, 1969, the appellant filed writ petition No.
On April 25, 1968, the Regional Transport Authority, Cuddapah issued a permit to the appellant for Cuddapah Bangalore route, an inter State route, under S. 63 of the Act.
1390 of 1968 against the operation of the Kolar Nationalisation Scheme and that his permit was granted before the Scheme was approved and that the permit is issued under reciprocal agreement.
On March 10, 1969, the State Transport Authority, Mysore, issued a numberice to the appellant to surrender the companynter signature slip and stop running the buses.
On October 7, 1968, the High Court dismissed the writs relating to the Kolar Scheme and the Regional Transport Authority its meeting on December 30, 1968, passed a series of orders which it deemed fit companysequent on the implementation of the Kolar Scheme.
Clause d of the scheme reads as follows Whether the services are The state Transport Undert to be operated by the State taking will operate service State Transport to the excl on all the routs to the company usion,complete or partial of mplete exclision of other other persons or otherwise persons except that a that existing permit holders on the inter State routes may companytinue to operate such inter State routes, subject to the companydition that their permit shall be rendered ineffective for the over lapping portions of the numberified routes.
1564 of 1969.
Ram Reddy, P. Parameswara Rao and A. V. V. Nair, for the appellant.
In pursuance of this resolution actual companynter signature was granted on July 6, 1968.
The appellant had prayed to the Court to quash the order endorsement of the respondent, dated March 5110, 1969.
d s. 68 C of the Motor Vehicles Act, 1939hereinafter referred to as the Act what is called the Kolar Scheme.
CIVILAPPELLATE JURISDICTION Civil Appeal No.
The application of the appellant, dated May 16, 1968, for the grant of companynter signature of the permit came up for companysideration before the Mysore State Transport Authority on July 6, 1968.
On January 25, 1968, the Kolar Scheme, as approved, was published in the Gazette under s.68 D 3 of the Act.
Niren De, Attorney General, R. Gopalakrishnan and S. P. Nayar, for respondent No.
It is further the case of the appellant that although the State of Andhra Pradesh carried out the agreement and companyntersigned the second permit on the Bangalore Cuddapa route in favour of a Mysore operator the Mysore State refused to carry out this agreement.
On October 8, 1964, the State of Mysore published under cl.
In order to appreciate the points raised before the High Court and before us it is, necessary to give a few facts.
1112 of 1969.
In exercise of the powers companyferred by sub s. 1 of S. 43 of the Motor Vehicles Act, 1939 Central Act IV of 1939 the Government of Mysore issued a direction to the State Transport Authority to take necessary action to give effect to the above arrangement.
On March 1, 1968, the Mysore undertaking applied under s.68F 1 to operate buses from January 1, 1968, or a later date.
Shyamala Pappu and Vineet Kumar, for respondent No.
1112 of 1969 filed by T. N. Raghumatha Reddy, appellant be fore us, against the Mysore State Transport Authority.
On May 16, 1968, the appellant applied to the State Transport Authority, Mysore, for companynter signature under s.63 of the Act, and on May 20, 1968, the Transport Commissioner, Andhra Pradesh, requested the Transport Commissioner, Mysore, to companyntersign the appellants permit under the agreement.
The Judgment of the Court was delivered by Sikri, J. This appeal by special leave is directed against the judgment of the High Court of Mysore dismissing Writ Petition No.
This permit is valid uptil May 13, 1971.
In 1959 the States of Andhra Pradesh and Mysore appear to have entered into a reciprocal arrangement regarding inter State road transport.
On April 13, 1967 the Transport Commissioner of Mysore State expressed willingness to companyntersign the second permit.
The learned companynsel for the appellant urged before it that companynter signature may be given with any timings found suitable by the Authority for their service which is an express service and does number stop in all stations as the shuttle services of the in the case of objectors.
