HAZI ISMAIL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Writ Petition No. 1766 of 1980 filed by Hazi Ismail and Writ Petition No. 112/1981, filed by Sararath Mal, relate to the same route. As common questions of fact and law are involved in them, they are being disposed of by a common judgment.

(2.) The Rajasthan State Road Transport Corporation (hereinafter referred to as 'the Corporation') published a draft scheme, for nationalization of Kote- Rawatbhata route or area, under Section 68C of the Motor Vehicles Act, 1939 (Act No. 4 of 1939) (hereinafter referred to as 'the Act'). It was published in the Gazette, dt. 3-4-1976. The petitioners submitted their objections to the Joint Legal Remembrancer No. 2. Jaipur who is empowered to hear objections in respect of draft schemes of nationalisation under the provisions of Sub-section (2) of Section 68-D of the Act. The Joint Legal Remembrancer No. 2, approved the scheme, along with other schemes, which is of total exclusion of all private operators on the above route or portions thereof. This approved scheme was then published in the Gazette, dt. 28th Jan. 1880. Thereafter the Secretary. Regional Transport Authority, served, on the petitioners, notices to the effect that in exercise of the powers conferred by Section 68-F (2) of the M. V. Act, read with Rule 10 (a) of the Rajasthan State Road Transport Corporation (Development) Rules. 1965, the Regional Transport Authority, Kota, had resolved that the portion of the route between Kota to Rawatbhata covered by the petitioner's permit had been nationalised and that the Rajasthan State Road Transport Corporation would commence exclusive operation on the notified route.

(3.) Aggrieved by the aforesaid draft scheme, published in the Rajasthan Gazatte, dt. 3-4-78, and the order of the Joint Legal Remembrancer No. 2. approving the draft scheme, (vide order. dt. 7-5-80 as published in the Rajasthan Ga7ette (Extraordinary) dt. 28th of Nov. 1980), petitioners have filed these writ petitions, challenging the validity of the notices, orders and scheme.