Judgment

RAY, C.J.I.:- This appeal by special leave is from the judgment dated 15 February 1974 of the Patna High Court. The High Court dismissed in limine the application of the appellant under Article 226 of the Constitution.

2. The appellant challenged the scheme framed under section 68C of the Motor Vehicles Act, 1939 published in the Bihar Gazette on 13 September 1972. The Bihar State Road Transport Corporation published a scheme for nationalisation of fifteen routes including the route Ranchi-Daltonganj via Kuru. The scheme concerned inter alia the area and the route between Ranchi and Daltonganj. The area included Ranchi, Kuru, Chandwa, Daltonganj. This is a rural service. The scheme stated that private operators would be able to run their buses till the expiry of their current permits and no private bus would be operated by the private operators after the expiry of their permits. The scheme further provided that the Government bus operators would operate in the area as shown in the Schedule.

3. Counsel for the appellant contends first that the number of buses operated by private operators on part of the route were to be maintained in spite of the scheme of nationalisation. Rel