NEERAJASHAMMA Vs. STATE TRANSPORT APPELLATE TRIBUNAL

JUDGEMENT

(1.) In G.O.Ms. No. 1504, Home, dated 17th November, 1973 the State Government published the approved scheme under Section 68-D of the Motor Vechiles Act in respect of the intra-state notified route 'Tirupathi to Clittoor'. The approved scheme contained a 'Note' to the following effect : Note :The scheme shall not affect

(2.) By G.O.Ms. No. 775 (Home, Transport Department) dated 3rd June, 1975, the intra-state route 'Tirupathi to Pathikonda' was nationalised. It also contained the same Note as referred to in G.O.Ms. No, 1504, dt. 17th November, 1973.

(3.) Sri V. Neerajakshama Naidu of Cbittoor is a holder of a stage carriage permit on the intra-Statc route 'lirupathi to Mulbagal vis Chittoor, Palamaner and Nangli. He was doing two single trips on the said route and two shuttle trips between Tirupathi snd Cbittoor. Since the condition of Note No. (3) adversely affected the operator, he challenged the same by way of writ Petition No. 7636 of 1973. The said writ petition was allowed by the Court on 15th March, 1974, and the words "subject to the condition that they shall not pick up or set dows intrastate passengers on the notified route" were struck down. Aggrieved against the said order of the learned single Judge, the State Transport Undertaking filed an appeal. It was dismissed by a Division Bench of this Court on 15th July, 1975. Subsequent to the decision of the learned single Judge, the Regional Transport Officer, Cbittoor, by his proceedings dated 2nd May, 1974 served a notice on the operator calling upon him to stop plying his bus on the shuttle trip "Tirupathi to Chittoor" forthwith on the ground that the said route was covered by the aforementioned approved Scheme. The operator then filed Writ Petition 454 of 1976. This Court admitted the Writ Petition on 6th February, 1976 and granted interim suspension of the impugned order.