Judgement

WANCHOO, J. : These two appeals on certificates granted by the Allahabad High Court raise common questions and will be deal with together. The appellant, Kumaon Motor Owners Union Limited (hereinafter referred to as the union) was established in 1939 and had at the date of the writ petitions, 330 members all of whom owned transport vehicles. These members have public carrier permits as well as stage carriage permits, which are in force in the Kumaon region except on certain notified routes. The permits of the various members of the union are valid upto various dates falling in the years 1966 and 1967.

2. On August 17, 1964, the State Government purporting to exercise powers under Cls. (gg) and (i) of sub-rule (2) of R. 131 of the Defence of India Rules, 1962 (hereinafter referred to as the Rules) issued a notification by which it was directed that with effect from October 1, 1964, no private operators shall ply any vehicle or class of vehicles for the carriage of persons or goods on, and no vehicles or class of vehicles operated by the private operators shall pass through, Tanakpur-Dharchula route of Kumaon region . It was further directed in the notification that on th