Judgment

SHAH, J. : The appeal and the writ petitions practically raise the same points and may be disposed of together. At the outset we shall briefly state the facts relevant to each of the said proceedings.

2. The appellant in Civil Appeal No. 325 of 1961 held a permit for plying stage carriage on the Kanpur-Bela-Bidhuna route via Chaubepur, in the State of Uttar Pradesh. The entire route is 68 miles long, and a part of the route 16 miles in length i.e., Kanpur to Chaubepur, is a notified route. This part was common between the said route and the Kanpur-Chaubepur-Sarai Miran route, which was a nationalised route. A condition was, therefore, attached to the appellant s permit that he would not be entitled to pick up passengers or drop them between Kanpur and Chaubepur. His permit was to expire on June 10, 1960. Before the said date, be applied for renewal of his permit, and on May 20, 1960 it was published in the U. P. Government Gazette calling for objections. On the same day, the State Government published a notification in the Gazette proposing to nationalise the said route. As the application for renewal could not be disposed of before the expiry of the period fixed in the perm