The Regional Transport Authority on the application of the Mysore Government Road Transport Department hereinafter termed the Department issued in favour of the Department permits on June 23, 1959, and rejected the application of the other operators, the petitioners.
Against this decision the peti tioners applied to the High Court for a certificate for appeal to this Court but the matter is still pending in the High Court.
On August 28, 1958, the proposed scheme under Chapter IV A of the Motor Vehicles Act, 1939, as amended by Act 100 of 1956 which for the sake of companyvenience will hereinafter be termed the Act was published as a draft scheme.
A fresh draft scheme was published on January 22, 1959, and after the Chief Minister had heard objections against it, it was approved on April 15, 1959, and was published on April 23, 1959.
463 of 1959 on June 24, 1959.
In order, however, to avoid inconvenience to the public temporary permits were granted to the petitioners after March 31, 1959, for a period of four months or up to the time the Mysore Government Road Transport Department hereinafter called the Department was granted permits under s. 68F, whichever was earlier.
The present petition was filed on August 3, 1959.
It was approved on October 24, 1958, but on its being challenged in the High Court of Mysore, it was quashed on December 3, 1958.
315 of 1959 but this petition was dismissed on June 1, 1959.
N. Sanyal, Additional Solicitor General of India,R. Gopalakrishnan and T. M. Sen, for respondents Nos.
95 of 1959.
K. Daphtary, Solicitor General of India and B. R. L. Iyengar, for the petitioners.
WANCHOO J. This petition under Art.
The scheme was finally approved and published on April 23,1959.
In the meantime, steps were taken to formulate an approved scheme under Chapter IV A of the Motor Vehicles Act, No.
This petition was disposed of by the High Court on July 14, 1959, and it was held that the grant of permits to the Department was invalid and the rejection of the renewal applications of the petitioners was incorrect but the High Court dismissed this petition on the ground that the relief to which the petitioners were entitled, in view of these findings, would be shortlived.
The Regional Transport Authority, Bangalore hereinafter called the Authority issued permits to the Department and rejected the renewal applications of the petitioners on June 23, 1959.
was delivered by Wanchoo, J. Kapur, J. delivered a separate judgment.
ORIGINAL JURISDICTION Petition No.
IV of 1939, hereinafter called the Act .
75 were transport operators in the Anekal pocket in the State of Mysore.
The fresh scheme was also challenged in the High Court of Mysore in Civil Writ Petition No.
1 and 2.
November 6.
The petitioners then applied to the High Court of Mysore by a writ petition challenging the issue of permits to the Department and the refusal of renewal to, them.
The Judgment of Sinha, C.J., Imam, Wanchoo and Das Gupta, JJ.
They were granted renewal of these permits up to March 31, 1959.
They held stage carriage permits for various routes which were expiring on March 31, 1958.
Sometime before June 23, 1959, the Department applied for permits in accordance with the scheme while the petitioners had applied for renewal of their permits.
This order was challenged in the High Court by Civil Writ Petition No.
