T NARAYANASWAMY Vs. REGIONAL TRANSPORT AUTHORITY

JUDGEMENT

(1.) In these petitions, the principal question that arises for determination, is whether the partial exemption under sub-clause (a) appearing against clause(d) of the Scheme (published in the Mysore Gazette dated 25-1-1968) under Chapter IV-A of the Motor Vehicles Act. is available to existing holders of permits granted by the Transport Authorities in Mysore State, on inter-State routes, which peimits had not been counter-signed under S. 63(1) of the M.V. Act, by the Transport Authorities of other States as on the date when the approved Scheme was published in the Mysore Gazette.

(2.) One contention is that the holder of such permit as had on that date, the right to operate (even in the- absence of counter-signature), a part of the inter-State route and which part under the Scheme overlaps any notified route, would be entitled to the benefit of the exemption. The rival contention is, that unless the permit holder had, on that date, the right to operate on an entire inter-State route, he would not be entitled to that benefit.

(3.) In W.P. No. 277 of 1968 decided on 3-6-1968. Somnath Iyer and Ahmed Ali Khan, JJ. observed that the terms "existing valid permit holders for operation of stage carriages on inter-State routes only would refer only to those permit holders who held valid permits to operate on routes which overlapped inter-State routes when the Scheme commenced to operate. Their Lordships did not say that such permits should have been countersigned by the Transport Authorities of the other State when the Scheme commenced to operate.