K. N. WANCHOO, RAGHUBAR DAYAL, M. HIDAYATULLAH, J. R. MUDHOLKAR, P. B. GAJENDRAGADKAR
Roshan Lal Gautham – Appellant
Versus
State Of U. P. – Respondent
Judgment
HIDAYATULLAH, J.: The appellant who appeals by special leave against the judgment of the High Court of Allahabad dated March 30, 1964 is the holder of a contract carriage permit granted to him by the Regional Transport Authority, Agra and valid till February 1, 1955. He owns a single contract carriage and his permit covers the whole of the Agra region which comprises the six districts of Mathura, Agra, Aligarh, Etah, Etawah and Manipuri, No special route or routes are indicated in his permit and the termini of his operation are the frontiers of this region on all sides. In 1955, the Government of Uttar Pradesh purporting to act under Sec. 3 of the U. P. Road Transport Services (Development) Act, 1955, framed a scheme for nationalisation of transport services in Uttar Pradesh. The scheme which was then framed was struck down by an order of the High Court of Allahabad on the petition of some private operators. In 1955, the Motor Vehicles Act, 1939 was amended by the introduction of Chapter IVA dealing with special provisions relating to State Transport Undertakings. This amendment was introduced by the Motor Vehicles (Amendment) Act, 1956 with effect from February 16, 1957. A
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