KULWANT RAI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) APPELLANT Kulwant Rai challenged the draft scheme for nationalisation of Bikaner - Sri Ganganagar route on several grounds before a learned Single Judge of this Court who by his detailed order dated 3-7-1973 dismissed the writ petition in limine. Kulwant Rai has come up in special appeal before us. We had issued a notice to the respondents to show cause why this appeal be not admitted and in reply to that the learned Advocate General, Mr. Raj Narain Munshi and Mr. N. B. Mathur appeared for the respondents.

(2.) MR. L. L. Sharma, learned counsel for the appellant, has raised 3 grounds before us. The first is that the supersession of the Rajasthan State Road Transport Corporation (hereinafter called "the Corporation") under sec. 38 of the Road Transport Corporation Act, 1950 (hereinafter called "the Corporation Act") amounted to a complete extinction of the Corporation as originally constituted and, therefore, under sec. 68 C of the Motor Vehicles Act, 1939 (here in after called "the Vehicles Act") read with the Rajasthan State Transport Services (Development) Rules, 1965, no draft scheme of nationalization could be issued.