Judgement

WANCHOO, J. : These two petition challenge the validity of a scheme of road transport service approved by the Government of Orissa under S. 68-D (2) of the Motor Vehicles Act, No. IV of 1939 (herein after called the Act). A large number of grounds have been raised in the petitions but we are now concerned with only six points urged on behalf of the petitioners and we shall deal with only those points. No arguments were addressed on the other points raised in the petitions and it is therefore not necessary to set them out. The six points which have been raised before us are these :-

1 No hearing was given to the petitioner in petition No. 117 as required by S 68-D (2) and the Rules framed under Chap. IV-A.

2. The minister who heard the objections under S. 68-D (2) was biased and there fore the approval given to the scheme invalid.

3. The order of the Regional Transport Authority dated December 17, 1960, rendering the permits of the petitioners ineffective from April 1, 1961 is illegal inasmuch a S. 68-F and R. 10 framed under Chap. IV-A were violated

4. The State Transport Undertaking did not apply for permits six weeks before April 1, 1961, as required by S. 57 (2) of the Act