JUDGMENT

VENKATARAMIAH, J. :— These two petitions are filed under Art. 32 of the Constitution. The petitioners have questioned the validity of the proceedings which are pending before the State Government pursuant to a draft scheme published under Section 68C of the Motor Vehicles Act, 1939 (hereinafter referred to as the Act) on February 26, 1959 proposing to authorise the State Transport Undertaking of Uttar Pradesh to operate stage carriages on the inter-State route between Saharanpur and Delhi to the total exclusion of all other operators. After overruling the objections which had been received in response to the said draft scheme the State Government approved the scheme and published it under sub-section (3) of S. 68D of the Act on September 29, 1959. The validity of the said approved scheme was challenged before the High Court of Allahabad by 32 operators. By its judgment dated October 30, 1961 the High Court of Allahabad directed the State Government not to enforce the approved scheme against the said 32 persons who had filed the writ petitions and it further directed that the State Government should hold a fresh enquiry if necessary into the question whether the scheme shou