ABDUL AZIZ Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS writ petition deserves to be dismissed as the grounds sought to be raised therein already stand concluded by this Court and the Supreme Court.

(2.) THE Rajasthan State Road Transport Corporation (hereinafter referred to as 'the Corporation') published a draft scheme for the nationalisation of Dungarpur-Peeth route under Section 68-C of the Motor Vehicles Act (hereinafter referred to as 'the Act' ). The aforesaid draft scheme was published in the rajasthan Gazette dated April 3, 1976 inviting objections in respect thereof from the concerned operators. The petitioner and several others raised objections. The Joint Legal Remembrancer No. II, Government of Rajasthan, who is empowered to hear the objections in respect of the draft schemes of nationalisation on behalf of the State Government, under the provisions of Subsection (2) of Section 68-D of the Act, decided some of the objections styled as preliminary objections by his order dated September 25, 1976. The matter is yet to be heard and decided on merits by the aforesaid Joint Legal remembrancer. The present writ petition has been filed in this Court challenging the order passed by the Joint Legal Remembrancer on September 25, 1976.

(3.) MR. Munshi has raised a preliminary objection to the maintainability of this writ petition, namely that the order passed by the Joint Legal Remembrancer is an interlocutory order and his submission is that this Court should not entertain a writ petition against such an interlocutory order. As I have heard the learned counsel for the parties on merits, I consider it proper to dispose of the writ petition on merits rather than to reject the same on the aforesaid preliminary objection raised by Mr. Munshi.