JEEWAN NATH WAHAL Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) THE State of Uttar Pradesh decided to nationalise the Delhi-Saharanpur inter-State route and published a scheme in that behalf under Section 68-C of the Motor Vehicles Act, 1939. After hearing the objections of persons affected, the scheme was published in the Official Gazette of the State Government under Section 68-D(3) on 29-9-1959. Thirty-two permit-holders applied to the High Court at Allahabad for quashing the scheme.

(2.) A Single Judge of the High Court, held that there were certain defects in the proceeding taken by the Government under Chapter IV-A of the Motor Vehicles Act in sanctioning the scheme and proceeded to order that "the Notification dated 29-9-1959 under Section 68-D could not stand so far as the 32 petitioners were concerned". He proceeded then to observe:

(3.) THE two appellants in these appeals who did not hold at the relevant time any transport permits, applied on 5-2-1962 for permits on the route covered by the scheme published on 29-9-1959. Their applications were rejected by the Regional Transport Authority by order and the orders were confirmed in appeal.