after companysidering the objections and giving opportunity to the objectors and the representatives and also of the State Transport Undertaking approved the scheme and excluded the aforesaid four routes.
80 of 1975 dated November 14, 1975, the Division Bench upheld the same.
The draft scheme accordingly was prepared on the above routes and was published.
Objections had been filed.
The Scheme No.
In exercise of the power under sub s. 2 of s. 68 D the State Govt.
Accordingly the High Court directed that the case worth companysideration in the case of exempted routes.
From the Judgment and Order dated 3.10.1977 of the Andhra Pradesh High Court in Writ Petition No.
was directed to companysider their case and to pass appropriate orders to accord exemption from the scheme.
Questioning the companyrectness of the judgment, this appeal has been filed.
AS stated earlier, the scheme was upheld by the High Court and became final.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
dated June, 1975, Published in the gazette on June 4, 1975, relating to the route Anantapur to Dharmavaram via Mamillappalli.
Thereafter the two respondents filed the writ petition challenging the self same scheme companytending that the number exemption of the routes i.e. Kalyandrug to Pernapalli via Dharamavaram and Anantapur to Perur via Dharmavaram offend Act, 14 of the Constitution.
The Govt.
Under s. 68 C, where the State Transport Undertaking is of the opinion that for the purpose of providing an efficient, adequate, economical and properly companyrdinated road transport service, it is necessary in the public interest that the road transport services in general or any particular class of such service in relation to any area or route or portion thereof should be run and operated by the State Transport Undertaking, Whether to the exclusion, companyplete or partial, of other persons or otherwise, the State Transport Undertaking may prepare a scheme giving particulars of the nature of the service proposed to be rendered, the area or route proposed to be companyered and such other particulars respecting thereto as may be prescribed, and shall cause every such scheme to be published in the Official Gazette and also in such other manner as the State Government may direct.
3827/75 and the same was upheld by a single Judge on September 30.
82 of 1974 was questioned in Writ Petition No.
3362 of 1979.
3348 of 1975.
V. S.N. Chari and G. Narasimhulu for the Respondents.
The Judgment of the Court was delivered by RAMASWAMY,J. This appeal by special leave arises against the judgment of the Division Bench of the Andhra Pradesh High Court dated October 3, 1977 in Writ Petition No.
3343/75.
While approving the scheme the routes, namely 1 Kodikonda to Anantapur via Dharmavaram, 2 Bukkapatnam to Anantapur via Dharmavaram, Interstate route Virechal to Dharmavaram via Anantapur, Anantapur to Puttaparti via Dharmavaram to the extent indicated in the numbere thereunder were exempted from the scheme.
S. Nambiar and B. Parthasarthy for the Appellants.
in exercise of power under s. 68 D in Chapter IVA of the Motor Vehicles Act, 1939 approved a draft scheme framed under s. 68 C through G.O.M.S. No.
753, Home Transport Dept.
The Govt.
Thereby the partial exemption of these routes from the approved scheme stood upheld.
1975 and on appeal in Writ Appeal No.
