T G NIRANJAN Vs. REGIONAL TRANSPORT AUTHORITY CHITRADURGA

JUDGEMENT

(1.) In all these petitions filed under Articles 226 and 227 of the Constitution, the petitioners have challenged the validity of the impugned notices issued by the Secretaries of Regional Transport Authorities, Chitradurga and Tumkur respectively. The petitioners have not challenged the validity of the approved scheme of Chitradurga-Davangere (on N.H.4 Road) published in the Official Gazette Extra-ordinary dated 23-9-1987 as per sub-section (3) of Section 68D of the Motor Vehicle Act, 1939 (hereinafter referred to as the 'Act') under the notification bearing No. PTD 57 TMI87 dated 23-9 1987 (hereinafter referred to as the 'Approved Scheme'). This scheme was published under Section 68C of the Act on 15-10-1985. It pertains to only one route i.e., Chitradurga- Davangere (on N.H.4 Road). This scheme in this order will be referred to as 1985 Draft Scheme". The petitioners have also sought for leave of the court to challenge the approved scheme if need be, afterwards. Leave is granted.

(2.) The Secretaries, of Regional Transport Authorities, Chitradurga and Tumkur by the impugned notices have informed the petitioners that their permits have ceased to be effective in respect of the overlapping "Shri T.G. Niranjan, Door No. 325, 9th Cross, PJ. Extension, Davangere Sub: Stopping operation of service. Your permit No. P.St.P. 55/59-60 for the route Davangere to Bada and back and to touch Anagodu from Bada was renewed vice resolution No. dated 25-3-1983 subject to proviso to 68F (ID) and it ceases to be effective on the publication of the scheme. As the approved scheme of Chitradurga - Davangere (N.H.4) has now been published in the Karnataka Gazette dated 23-9-1987, your permit renewed as above ceases to be effective on the route portion as noted below by operation of law. You have to curtail the operation of the service forthwith. For this purpose you have to produce the permit Part 'A' and 'B' and get necessary endorsement within 3 (three) days from the date of receipt of this notice. a) The portion of the route from Davangere to Bada cross and back (N.H.4) is curtailed.

(3.) It is not in dispute that all these petitioners hold stage carriage permits renewed on the various dates pertaining to various routes overlapping certain portion of the notified route - Chitradurga to Davangere (on N.H.4 Road). These permits were renewed prior to the publication of the "1985 Draft Scheme" (Chitradurga- Davangere Scheme (on N.H.4 road) under Section 68C of the Act which was published on 15-10-1985.