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1974 Supreme(SC) 194

P.JAGANMOHAN REDDY, S.N.DWIVEDI
Sita Ram Sharma – Appellant
Versus
State Of Rajasthan – Respondent


Judgment

DWIVEDI, J.:- All these appeals now raise a common question of law and are being decided by a common judgment.

2. All the appellants were operators of State carriages in the State of Rajasthan. They held regular permits for various routes in the State.

3. The State has a Road Transport Corporation. It is called the Rajasthan State Road Transport Corporation. It was constituted on October 1, 1964 under the Road Transport Corporation Act, 1950. It has a General Manager.

4. Section 19 (2)(c) of the aforesaid Act empowers the Corporation to acquire routes for plying buses and to exclude private operators therefrom. In 1956 Parliament inserted Chapter IV-A in the Motor Vehicles Act for acquiring routes. Section 68-I is to be found in that Chapter. It enables the State Government to make rules to carry into effect the provisions of the Chapter. The State of Rajasthan has made cerain rules under this section. Rules 3 and 4 are material for our purpose. Rule 3 provides that a scheme under Section 68-C of the Motor Vehicles Act will be prepared by the General Manager of the State Transport Undertaking. Rule 4 provides that the scheme shall be published in the Gazette with certain parti



















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