Judgement

JAGANMOHAN REDDY, J. :- The Mysore State Road Transport Corporation, the appellant (hereinafter called the Corporation) operates on the notified route under Chapter IV of the Motor Vehicles Act, 1939 - Hereinafter referred to as the Act -- between Hiriyur and V. V. Sagar, It objected to the renewal of a permit to the 3rd respondent C. Abdul Rahim for the route Hiriyur to Chitradurga and back vis V. V. Sagar, Hosadurga and Janakal on the ground that the renewal will authorise an overlapping over three miles on the notified route. Both the Regional Transport Authority, Chitradurga and the Regional Trnasport Authority, Bangalore, negatived the objection. It may be mentioned that the ground upon which the appellate Tribunal dismissed the appeal against the order of renewal passed by the Regional Transport. Authority was that in some other cases the Mysore Revenue Appellate Tribunal had held that the integrity of a scheme is not imparied if the distance of the overlapping portion is about five miles and if a condition not to pick up or set down passengers on the notified route is attache. On this reasoning the Tribunal thought there were no grounds to interfere with the impug