A VISHWANATH RAO Vs. STATE OF MYSORE

JUDGEMENT

(1.) The two petitioners before us, who operate their stage carriages along the route, which is between a place called Yadgir. which is in the new State of Mysore, and Narayanapet, which is in the State of Andhra Pradesh, call in question a scheme prepared under Chapter IV-A of the Mysore Motor Vehicles Act, by which there was nationalisation of motor transport with respect to that route. The draft scheme which was prepared under section 68-C was published on June 21, 1962. The objections preferred by the petitioner and others under section 68-D were heard by the Chief Minister of the State of Mysore, who approved the scheme with modifications, by an order made by him on March 7, 1964. Since the route was an inter-State route, the publication of the draft scheme was postponed until June 27, 1964, Meanwhile, the approval of the Central Government had been accorded under the proviso to sub-section (3) of section 68-D of the Act

(2.) The approved scheme made two modifications to the draft scheme. The first was that it specified the minimum number of vehicles and daily services. The seconds was that it restricted the exclusion of other operators only to that part of the route which was in the State of Mysore.

(3.) The distance between Yadgir and Narayanapet is 28 miles. The exclusion of private operators was restricted to that part of the route which lay between Yadgir and a place called Jilalpur, which is at a distance of five miles from Narayanapet. The position, therefore, was that private operators were excluded from that part of the route which is between Yadgir and Jilalpur and its distance is 23 miles.