Aggrieved by the judgment of the Tribunal, the companyporation filed a writ petition in Writ Petition No.
The judgment of the Tribunal was delivered on December 19, 1983.
The said Writ Petition was heard along with another Writ Petition which had been filed by the Corporation against M s. Auto Hirers, Tardeo, Bombay and others in Writ Petition No.
From the Judgment and Order dated 23.6.1986 of the Bombay High Court in W.P. No.
561 of 1986.
The appellant, who did number belong to any one of the above seven categories applied to the Regional Transport Authority, Bombay C for a special permit under sub section 6 of section 63 of the Act in relation to the motor vehicle bearing No.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
562 of 1986 on the file of the High Court of Bombay questioning the companyrectness of the order of the Tribunal.
By a companymon judgment the High Court allowed the Writ Petition and set aside the order of the Tribunal.
N. Kacker, Mrs. J. Wad and Mrs. Aruna Mathur for the Appellant.
A in accordance with rule 80 of the Bombay Motor Vehicles Rules, 1959.
Ramaswamy, Additional Solicitor General, A.S. Bhasme, R. Nagaraja and R.S. Hegde for the Respondents.
Mariarputham for the Intervener.
for a period of five days, namely from 18.9.1985 to 22.9.1985 in Form P. Co. Sp.
By a numberification dated 29th November, 1973 published under section 68 D 3 of the Act by the Government of Maharashtra, the Maharashtra State Road Transport Corporation hereinafter referred to as the Corporation was authorised to operate companytract carriage services in the entire area of the State of Maharashtra and on all routes and portions thereof falling within the said area to the companyplete exclusion of all other persons except those falling under the seven categories of persons mentioned therein, namely, 1 a State Transport Undertaking, as defined under 8section 68 A b of the Act 2 holders of duly companyntersigned permits on inter State routes save those falling under the second proviso to section 63 1 of the Act, 3 holders of companytract carriage permits for operation of motor cars 4 holders of companytract carriage permits granted for operation of air conditioned vehicles only, 5 PG NO 451 holders of companytract carriage permits for operation of vehicles owned by them exclusively for transportation of person, employed by them or students or members of their institutions from and to their residences and respective places of work or study and for occasional tours and excursions 6 holders of companytract carriage permits for operation wholly within the municipal limits of Greater Bombay, and cities of Poona, Sholapur and Kolhapur where the municipal authorities are operating road transport service and 7 holders of companytract carriage permits granted to them exclusively for the daily transportation at appointed hours and between specified terminals and pick up points of only the persons employed by or studying in establishments and institutions with which the said permit holders have specified companytract for the purpose.
1622 of 1987.
The application made by the appellant for the special permit was rejected by the Secretary, Regional Transport Authority on the ground that the appellant had number produced a No Objection Certificate issued by the Corporation for the grant of a special permit by his Order dated 17.9.1985.
562 of 1986.
MRL 8088 for plying it on the route Bombay to Ashtu Vinayak via Panvel, Mahad, Poona, Shirdi etc.
The said scheme came into force on January, 1974.
It was also stated that the Corporation being the operator having the exclusive privilege in the entire area of Maharashtra State to operate companytract carriages under the scheme it was the primary duty of the Corporation to provide transport facilities to the intending passengers and if it failed to do so, the Corporation companyld issue a No Objection Certificate to enable other intending operators to enter into companytract.
This appeal by special leave is filed against the judgment of the High Court.
The Judgment of the Court was delivered by VENKATARAMIAH, J. The question involved in this case relates to the right of a person to obtain a special permit under sub section 6 of section 63 of the Motor Vehicles Act, 1939 hereinafter referred to as the Act to ply a public service vehicle on routes or portions thereof in respect of which a scheme approved under section 68 D of the Act providing for exclusive operation of companytract carriages on the said routes by a State transport undertaking to the companyplete exclusion of all other persons has been brought into force.
