KARNAIL SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) These two connected writ petitions are directed against two notifications issued by the State Government under the Motor Vehicles Act (Act No. IV of 1939 hereafter referred to as the Act). Since the same question of law is involved in these two cases, it will be convenient to dispose of the two cases by a common judgment. Karnail Singh is the petitioner in Civil Miscellaneous Writ No. 3398 of 1960.

(2.) The petitioner held a permit for plying a stage carriage on Mirzapur-Ghorawal route. There was a proposal to nationalise this route. The State Government, therefore, Issued a notification on 2-7-1960 under Section 68-C of the Act announcing a plan to nationalise this route. Objections were invited. The petitioner filed an objection. The objection was disposed of by the Joint Secretary to U. P. Government in the Judicial Department, subsequently another notification was issued on 25-11-1960 under Section 68-D of the Act approving the provisional scheme. It was further directed that the petitioner's permit for Mirzapur-Ghorawal route shall stand cancelled. This writ petition is directed against the two Government notifications dated 2-7-1960 and 25-11-1960 issued under Sections 68-C and 68-D of the Act respectively.

(3.) The sole contention of Mr. S. N. Kakkar appearing for the petitioner was that, the Joint Secretary to Government had no authority to dispose of objections under Section 68-D of the Act. The same point was urged before me by Mr. S. N. Misra In Bishambhar Dayal v. state, Civil Miscellaneous Writ No. 2302 of 1961. That writ petition is also being disposed of by me today, Mr. S. N. Kakkar pointed out that, under Section 68-D of the Act, objections have to be disposed of by the State Government, in the instant cases the objections were not disposed of by the State Government, but by the Joint Secretary to Government in the Judicial Department The question is whether there was proper compliance with the requirements of Section 68-D of the Act.