Judgment

WANCHOO, J. : This petition under Art. 32 of the Constitution challenges the constitutionality of a scheme finalised under S. 68D (3) of the Motor Vehicles Act, No. IV of 1939, (hereinafter referred to as the Act) in the State of Rajasthan. The petitioners are holders of stage-carriage permits on Jodhpur-Bilara and Bilara-Beawar routes. A draft scheme was published under S. 68C of the Act by the Rajasthan Roadways, which is a State Transport Undertaking (hereinafter referred to as the Roadways), on January 26, 1961. It provided for taking over of the Transport service on the Jodhpur-Bilara-Beawar-Ajmer route by the Roadways. Further it provided for taking over three overlapping routes or portions thereof which were entirely on Jodhpur-Bilara-Beawar-Ajmer road, namely, Jodhpur-Bilara, Bilara-Beawar, and Beawar-Ajmer as required by R.3 of the Rajasthan State Road Transport Services (Development) Rules, 1960, (hereinafter referred to as the Rules), the names of the permit-holders on these three overlapping routes with their permits were also specified [or cancellation, and no transport vehicles other than the vehicles of the roadways were to ply on the route to be taken over.