Judgement

HIDAYATULLAH, J. : The appellants, C. P. C. Motor Service, Mysore, question a scheme approved and applied by the State of Mysore by its Notification No. HD. 200/TMP/60 in Gazette (Extraordinary) on November 10, 1960. They had unsuccessfully moved the High Court under Art. 226 of the Constitution, and the present appeal is filed with the special leave of this Court.

2. The appellants were running stage carriage omnibuses on 18 routes, and 14 such routes are inter-District. On September 21, 1960, the second respondent, who is the General Manager of the State Transport Undertaking, published a tentative scheme for taking over stage carriage services over 64 routes, which were shown in a schedule to the Notification, to the complete exclusion of private operators. The action was taken under Chap. IV-A of the Motor Vehicles Act, inserted by S. 62 of Act 100 of 1956. Objections were duly filed by the appellants, which were heard by the Chief Minister, who was the authority to hear the objections under the Rules, and they were disposed of by his order dated November 7, 1960. The scheme was approved with some modifications, and it was published along with the order in the Notificat