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1970 Supreme(SC) 75

C.A.VAIDIALINGAM, S.M.SIKRI, V.BHARGAVA
T. N. Raghunatha Reddy – Appellant
Versus
Mysore State Transport Authority – Respondent


Advocates:
A.V.Velayudhan Nair, F.P.RAO, NIREN DEY, P.RAM REDDY, R.GOPAL KRISHNAN, S.P.NAIR, SHYAMALA PAPPU, VINIT KUMAR

Judgment

SIKRI, J.: - This appeal by special leave is directed against the judgment of the High Court of Mysore dismissing Writ Petition No. 1112 of 1969 filed by T. N. Raghunatha Reddy, appellant before us, against the Mysore State Transport Authority. The appellant had prayed to the Court to quash the order/endorsement of the respondent, dated March 5/10, 1969.

2. In order to appreciate the points raised before the High Court and before us it is necessary to give a few facts. In 1959 the States of Andhra Pradesh and Mysore appear to have entered into a reciprocal arrangement regarding inter State road transport. In exercise of the powers conferred by sub-section (1) of Section 43 of the Motor Vehicles Act, 1939 (Central Act IV of 1939) the Government of Mysore issued a direction to the State Transport Authority to take necessary action to give effect to the above arrangement. On October 2, 1964 the State of Mysore published under Clause (d) Section 68-C of the Motor Vehicles Act, 1939 - hereinarter referred to as the Act - what is called the "Kolar Scheme". Clause (d) of the scheme reads as follows:

"(d) Whether the services are to be operated by the State Transport Undertaking to t
























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