Judgment

SHAH, J. : Questions relating to the validity of a scheme approved by the State of Rajasthan under S. 68D of the Motor Vehicles Act 4 of 1939 and its effect are raised by the appeal and the writ petition. In the appeal the validity of the scheme is challenged on the plea that the appellants were denied reasonable opportunity of being heard in support of their objections before the scheme was approved. In the writ petition it is submitted that the fundamental right of the petitioner to carry on business of a motor transport operator is infringed by the State of Rajasthan plying its buses along the route covered by the scheme without obtaining permits under S. 42 (1) of the Motor Vehicles Act.

2. A scheme for operating a motor transport service on the Jaipur-Tonk-Deoli Kotah route was published on September 10, 1960 in the Rajasthan Government Gazette, by the Rajasthan State Roadways which is a State Transport Undertaking within the meaning of S. 68A (b) of the Motor Vehicles Act, 1939. Sixtyone persons, including certain holders of state carriage permits authorising them to ply state carriages on the route, lodged objections to the scheme with the Secretary, Government of Ra