O.CHHINNAPPA REDDY, E.S.VENKATARAMIAH
Sumer Chand Sharma: Mahinder Kumar Jain: Bharatraj Singh: Gajendra Pal Gupta: Rattan Lal Tiwari: P. D. Jaiswal – Appellant
Versus
State Of U. P. : State Of U. P. : R. T. A. , Varanasi: State Of U. P. : State Of U. P. : State Of U. P. – Respondent
Judgment
CHINNAPPA REDDY, J.:- The petitioners in these writ petitions and special leave petitions held permits to ply stage carriages over various routes in Uttar Pradesh, sectors of which routes were parts of routes which were nationalised in the fifties. The nationallsation schemes made no provision for any private operator plying any stage carriage over any part of the nationalised routes. Operation of stage carriages by private operators was totally excluded. The result was that from the respective dates of nationalisation, it was not permissible to permit any private operator to ply a stage carriage on any sector of the nationalised route. However, by virtue of sec. 10(c) of Uttar Pradesh Road Transport Services (Development) Act, IX of 1955, these several petitioners were allowed to ply their stage carriages on the whole of their routes including the common sectors. The Uttar Pradesh Road Transport Services (Development) Act, 1955 was repealed by Central Act 56 of 1969. Act 56 of 1969 came into effect from April 1, 1971. Section 76 of Act 56 of 1969 (which was inserted into the Motor Vehicles Act 1939 as S. 135) saved permissions or exemptions granted as well as things done o
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