G VENKATA RAMAKRISHNA RAO Vs. GOVERNMENT OF INDIA

JUDGEMENT

(1.) These two Writ Petitions, viz., W. P. Nos. 1709/90 and 1735/90 raise common questions of law and fact and are, therefore, disposed of by a common judgment. It would be in the fitness of things to take the facts as stated in W.P: No. 1709/90 as the basis for a decision in both the writ petitions.

(2.) The brief facts of the matter are as follows:-- The petitioners are the existing operators. They filed W.P. No. 1709/90 for the issue of an appropriate writ or order directing respondents 1 and 2, viz., the Government of India, represented by its Secretary, Transport Department, Central Secretariat, New Delhi and the Government of Andhra Pradesh represented by its Secretary, R&B Department, Secretariat, Hyderabad; to implement sub-section (3) of Section 71 of the Motor Vehicles Act, 1988 (Act No. 59 of 1988), hereinafter referred to as the "Act of 1988", by limiting the number of stage carriages operating on the town service routes in Bhimavaram Town, West Godavari District and further to direct the 3rd respondent herein, viz., the Regional Transport Authority, West Godavari District represented by its Secretary not to entertain any application for the grant of stage carriage permits on the route Bhimvaram to Deyyalathiappa via Dirsumarru Ferry on city routes till action is taken by respondents 1 and 2 under subsection (3) of Section 71 of the Act of 1988. Respondents 4 and 5, who are the new entrants, who have applied for the stage carriage permits, were impleaded by virtue of court order dated 20-11-1990 in W.P. M.P, No. 20667/90.

(3.) The prayer in the second writ petition, viz., W.P. No. 1735/90 is almost identical to the one in W.P. No. 1709/90, referred to above, except with the slight change in regard to the route. The route concerned in this writ petition is Bhimavaram to Aravalli via Kumudavalli, Palakoderu, Mogallu, Gava-rapalem, Unikili.