K.N.WANCHOO, R.S.BACHAWAT, V.RAMASWAMI
Multi Purpose Co Operative Societies, Bhopal: Nirmal Motor Car Company, Indore – Appellant
Versus
State Of M. P. – Respondent
Judgment
WANCHOO, J. : These are two appeals on certificates granted by the Madhya Pradesh High Court. The appeals are connected and will be dealt with together. The Madhya Pradesh State Road Transport Corporation (hereinafter referred to as the Corporation), constituted under the Road Transport Corporation Act (No. 64 of 1950), came into existence in May 1962 to operate as State Transport Undertaking under S. 68-A of the Motor Vehicles Act, No. 4 of 1939 (hereinafter referred to as the Act). The Corporation passed two resolutions in April and May 1964 by which it decided to take over certain routes under Chap. IV-A of the Act to the to the exclusion of the existing private operators on those routes. Two schemes, namely, Nos. 16 and 22, dated May 11, 1964, were published by the Corporation inviting objections within 30 days. The schemes appeared in the Government Gazette of May 22,1964 and objections thereto were filed by private operators affected thereby within the period prescribed. Thereafter the authority empowered to hear objections under S. 68-D of the Act gave notices fixing a date for hearing. The hearing was to begin on September 4, I964, but it was postponed a number of t
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