LAWS(SC)-1987-2-100

KARNATAKA STATE ROAD TRANSPORT COR PORATION BANGALORE Vs. KARNATAKA STATE TRANSPORT AUTHORITY BANGALORE

Decided On February 13, 1987
KARNATAKA STATE ROAD TRANSPORT CORPORATION,BANGALORE Appellant
V/S
KARNATAKA STATE TRANSPORT AUTHORITY Respondents

JUDGEMENT

(1.) These are appeals by special leave and are directed against a common judgment in two writ petitions disposed of on 6-4-1983 by a Division Bench of the Karnataka High Court. The appellant filed both the writ petitions before the High Court challenging in each of them the variation of the conditions of the permit held by each of respondents 2 and 3 on the inter-State route Bangalore to Madanapalli. The appellant, Transport Corporation, plies its vehicles on a number of intra-State routes located within the State of Karnataka under the Kolar Pocket Scheme framed under Chap. IV-A, Motor Vehicles Act. The route between Bangalore and Madanapalli located within the States of Karnataka and Andhra Pradesh respectively was an existing inter-State route by the time the modified scheme came into operation. There is no dispute that the major portion of the inter-State route lying within the State of Karnataka is- covered by routes under the scheme. With effect from 10th of January, 1980, the modified scheme provided :

(2.) In the writ petitions before the High Court two questions were formulated for consideration :

(3.) We have heard learned counsel for the parties at length. Appellant's counsel relied upon the Constitution Bench judgment of this Court in Adarsh Travels Bus Service v. State of U.P., (1985) 4 SCC 557 : (AIR 1986 SC 319), in support of his contention. Once a scheme under the Motor Vehicles Act came into operation no person other than the State Transport Undertaking could operate in the notified area or the notified routes except as provided in the route itself. He also sought support from the said decision for his contention that after the scheme, private operators were totally prohibited from plying even on a part of the notified route or routes.