It is manifest that after the Constitution came into force every citizen under Article 19 1 g of the Constitution has the right of freedom of trade including the right to ply buses and trucks on the road.
In the month of December, 1948, the respondent and the Government of the State of Jodhpur which subsequently on 7 April, 1949 merged with the State of Rajasthan entered into two agreements in respect of two bus routes.
Under both the agreements the respondent was given the monopoly right to ply the buses on the routes mentioned Under the first agreement the respondent was to pay to the State, Rs.
The first route was Nagpur Role Deh for 3 years from 1 December, 1948 to 30 November, 1951 and the second was for Kuchera Khajwan a route from 1 July, 1948 to 30 November, 1951.
72.121/ for the period mentioned thereunder For the second agreement the respondent was to pay Rs.
69,932 4 0 inasmuch as the monopoly companytracts became illegal, void and unenforceable.
The State companytended that the Marwar Motor Vehicles Act, 1945 remained in force upto 1 April, 1951 when the Motor Vehicles Act of 1939 was extended to the entire area of the State of Rajasthan including the former State of Jodhpur and therefore the monopoly companytracts which were entered into by and between the respondent on the one hand and the State of Jodhpur on the other companytinued in force.
The respondent companytended that on the Constitution companying into force on 26 January, 1950 the monopoly companytracts between the respondent and the State became void and were unenforceable.
69,932.4.0 under the aforesaid two agreements.
41,121/ for the entire period.
The alleged amounts, according to the State, were payable subsequent to 26 January, 1950 for the remaining period.
Reliance was also placed on Sub section 8 to Section 57 of the Marwar Motor Vehicles Act, 1945 which was brought into effect on 8 June, 1946 whereby the monopoly permits companyld be granted.
51,000/ to the State.
The several sums of money under both the agreements were payable by instalments.
The respondent filed the suit for an injunction restraining the State from recovering the sum of Rs.
The State issued a demand numberice for Rs.
Upto 26 January, 1950 the respondent paid Rs.
The High Court further upheld the judgment of the District Judge that the companytracts granting monopoly rights to the respondent became void with the companying into force of the Constitution, and therefore, the State Government had numberright to demand or realise from the respondent any amount for plying the buses and trucks on the routes mentioned in the impugned companytracts.
N. Ray, J. This is an appeal by special leave against the Judgment dated 8 February, 1966 of the High Court of Rajasthan upholding the judgment and decree of the District Judge, Jodhpur restraining the appellant State of Rajasthan from recovering any amount from the respondent under two agreements for plying buses or trucks on route or routes mentioned in the agreements.
