A. VISHWANATH RAO ETC. vs THE STATE OF MYSORE & ORS. Supreme Court, 16-02-1968
| Judge | RAMASWAMI,V. |
| Parties | A. VISHWANATH RAO ETC.THE STATE OF MYSORE & ORS. |
| Docket Number | Appeal Civil 8-9 of 1968 |
| Date | 16 February 1968 |
| Court | Supreme Court (India) |
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PETITIONER:
A. VISHWANATH RAO ETC.
Vs.
RESPONDENT:
THE STATE OF MYSORE & ORS.
DATE OF JUDGMENT:
16/02/1968
BENCH:
RAMASWAMI, V.
BENCH:
RAMASWAMI, V.
SHAH, J.C.
MITTER, G.K.
CITATION:
1968 AIR 1095 1968 SCR (3) 198
ACT:
Motor Vehicles Act 1939, ss. 68-B, 68-C, 68-D, and 68-E;
Road Transport Act 1950, s. 20; Constitution of India, Art,
14;--Mysore State, Transport Corporation preparing scheme
to, take over route partly in Mysore and partly in Andhra
Pradesh--Both State Governments and Central Government
approving final scheme--failure to prepare scheme according
to s. 20 of 1950 Act if mere irregularity.--Scheme
prescribing wide disparity between maximum and minimum
number of vehicles and services--if fraud on ss. 68-C and
68-E--Exclusion only of Mysore and not Andhra Pradesh
private operators--if discriminatory.
HEADNOTE:
The appellants were transport operators plying a ’stake
carriage on an inter-State route 28 miles long of which a
portion of 5 miles is situated in the State of Andhra
Pradesh and the rest in the State of Mysore. A draft scheme
was prepared and published by the second respondent Mysore
State Road Transport Corporation under s. 68-C of the Motor
Vehicles Act, 1939, proposing to take over the Stage
Carriage Services on the route to the complete exclusion of
other operators. After objections against the scheme had
been heard by the Chief Minister of the State of Mysore
under s. 68-B of the Act, the draft scheme was approved by
his order dated March 7, 1964 with two modifications
whereby, firstly, it specified the minimum number of
vehicles and daily services and, secondly, it restricted the
exclusion of other operators only to that part of the route
which was in the State of Mysore. The approval of the
Central Government was accorded to the scheme under the
proviso to s. 68-D(3) of the Motor Vehicles Act and the
final scheme was published by the Mysore Government in its
Gazette dated July 16, 1964.
The appellants challenged the notification of the Mysore
Government approving the final scheme by a writ petition
under Art. 226 of the Constitution but the petition was
dismissed by the High Court.
It was contended on behalf of the appellants (i) that the
provisions of s. 20 of the Road Transport Corporations Act,
1950, were not complied with and the final scheme published
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