J NARAYANAMMA Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) This is an application filed under Article 226 of the Constitution of India for the issuance of a writ of certiorari seeking the quashing of the order in G.O. Ms. No.178, Transport, Road and Buildings (Transport V) Department dated 4th March, 1978 published in the Andhra Pradesh Gazette, Part II, Extraordinary dated 23rd March, 1978 in respect of the scheme relating to the route Tadipatri to Simhadripuram via Yellanur.

(2.) The petitioner is the holder of a stage carriage permit on the route Nyamadala to Yellanur via Dharmavaram, Tadipatri. The length of the route is 96 kms. The Andhra Pradesh State Road Transport Corporation, the 2nd respondent herein, framed under section 68-C of the Motor Vehicles Act several schemes in order to take over a number of routes in the district of Anantapur. Three such schemes are schemes in order to take over a number of routes in the district of Anantapur. Three such schemes are scheme Nos.123 of 1977, 124 of 1977 and 137 of 1977 relating to the routes (1) Tadipatri to Nyamadala, (2) Tadipatri to Yellanur and (3) Tadipatri to Simhadripuram.

(3.) These schemes were published in the Andhra Pradesh Gazette, dated 15th April, 1977. As the schemes were framed to the complete exclusion of all other persons holding stage carriage permits on the proposed route and such other persons holding stage carriage permits overlapping the propossd route completely or partially, the petitioner had filed her objections before the Government of Andhra Pradesh, the 1st respondent herein, under section 68-D of the Motor Vehicles Act since her route Nyamadala to Yellanur overlaps the above mentioned route for a length of 80 and 16 kms. respectively.