LAWS(MPH)-1978-3-18

NARULA TRANSPORT SERVICE Vs. STATE OF MADHYA PRADESH

Decided On March 28, 1978
NARULA TRANSPORT SERVICE Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) THIS writ petition by certain operators affected by scheme No. 82, is directed against an order of the Special Secretary to Government, Madhya Pradesh, Home Department, dated 5-6-1975, deferring consideration of their preliminary objection to the validity of the proceedings before him.

(2.) THE Special Secretary, by the impugned order, has directed that he would deal with the preliminary objection, along with other objections, on merits, raised under section 68-D of the Motor Vehicles Act, 1939.

(3.) THE Madhya Pradesh State Road Transport Corporation (hereinafter referred to as "the Corporation") prepared Scheme No. 82 for nationalisation of as many as 25 routes specified therein. The Scheme was published in the madhya Pradesh Rajpatra on 4-4-1975. The Scheme provides inter alia that:-