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1996 Supreme(SC) 2134

G.T.NANAVATI, K.RAMASWAMY
Vikram Shitole – Appellant
Versus
M. P. State Road Transport Corporation – Respondent


ORDER

This appeal by special leave arises from the judgment of the Madhya Pradesh High Court, Gwalior Bench in Miscellaneous Petition No. 572 of 1985 dated January 13, 1986.

2. The admitted position is that the route in question, i.e., Gwalior to Indore, was notified under Chapter IV-A of Motor Vehicles Act ("Act 4 of 1939", for short) which has been repealed and re-enacted by Motor Vehicles Act, 1988. After the approved route was published under Section 68D(3), a scheme was framed under which unemployed graduates were permitted under "self-employment scheme" to operate the stage carriages on the notified route subject to certain terms and conditions. It would appear that the appellants did not comply with the said terms and conditions as a result of which their permits were cancelled by the authorities. Calling the action in question the appellants filed a writ petition. The High Court has dismissed the said writ petition. Thus, this appeal by special leave.

3. The controversy is no longer res integra. It is settled legal position that once notification under sub-section (3) of Section 68-D of the Act is published in the Gazette, all the pre-existing operators shall cease t



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