R L GOYAL Vs. STATE

JUDGEMENT

(1.) All these special appeals involve common questions of law and facts, therefore, they are disposed of by this common judgement.

(2.) For the convenient disposal of all these appeals, the facts given in the case of, R. L. Goyal v. The State of Rajasthan and others (D. B. Civil Special Appeal No. 405 of 1992) are taken into consideration.

(3.) The petitioner is an existing operator of the existing route Bharatpur to Basedi and holds one non-temporary stage carriage permit which is valid up to 20-11-1994. A, draft scheme under S. 68-C of the Motor Vehicles Act, 1939 (referred to hereinafter as 'the Act of 1939') was published in the Rajasthan Rajpatra dated 25-7-1986 inviting objections with regard to the aforesaid route. Formerly the Special Secretary (Home) was hearing the objections but vide notification dated 17-9-1990 the Secretary, Transport Department Rajasthan, Jaipur was appoint-ed to hear and decide the objections. The Motor Vehicles Act 1939 was repealed and a new Act, namely, The Motor Vehicles Act, 1988 (referred to hereinafter as 'the Act of 1988') came into force with effect from 1-7-1989. It is alleged that according to Sub-Section (4) of Section 100 of the Act of 1988 if a scheme is not published as an approved scheme under Sub-Sec. (3) of S. 100 of the Act of 1988 in the official Gazette within a period of one year from the date of publication of the proposal regarding the scheme in the official Gazette under Sub-Sec. (1) then it shall lapse. In view of this provision of the Act of 1988 an application was moved before the Special Secretary (Home) that one year after publica-tion of the proposed scheme has passed long back, therefore, the draft scheme has already lapsed. The Special Secretary (Home) reject-ed the application of the appellant and other co-existing operators of this route. Aggrieved against this a writ petition was filed by one Shri Suresh Chand Sharma which came to be registered as S. B. Civil Writ Petition No. 1410 of 1990 and an interim order was passed on 26-3-1990 restraining the concern-ed authority from taking any further proceed-ings under S. 100 of the Act of 1988 for approving, notifying and implementing the draft scheme of Bharatpur to Basedi. The aforesaid writ petition along with the appel-lant's writ petition came to be dismissed on 20-8-1990 by the learned single Judge and the interim stay order passed on 26-3-1990 also stood vacated on 20-8-1990. Hence this appeal.