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1960 Supreme(SC) 140

K. SUBBA RAO, J. C. SHAH, B. P. SINHA, SYED JAFAR IMAM, A. K. SARKAR
H. C. Narayanappa: D. R. Karigowda – Appellant
Versus
State Of Mysore – Respondent


Advocates:
A.V.VISHWANATHA SASTRI, B.R.L.Iyengar, C.K.DAFTARY, G.S.PATHAK, R.GOPAL KRISHNAN, T.M.SEN

Judgment

SHAH, J. : The petitioners pray for a writ quashing a scheme approved under S. 68D (2) of the Motor Vehicles Act, 1939 by the Government of the State of Mysore and for a writ restraining the respondents, i. e., the State of Mysore, the General Manager, the Mysore Government Road Transport department and the Regional Transport Authority, Bangalore from taking action pursuant to the scheme.

2. The petitioners are operators of Stage carriages on certain routes in the sector popularly known as "Anekal area" in the Bangalore District. On January 13, 1959, the General Manager, Mysore Government Road Transport department who will hereinafter be referred to as the 2nd respondent published a scheme in exercise of the powers conferred by S. 68C of the Motor Vehicles Act, 1939 for the exclusion of private operators on certain routes and reservation of those routes for the State transport undertaking in the Anekal area. The Chief Minister of the Mysore State gave the operators affected by the scheme an opportunity of making oral representations and on perusing the written objections and considering the oral representations, approved the scheme as framed by the 2nd respondent. On April 2



















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