JUDGMENT

ORDER :— The short question which arises for consideration in this case is whether a suit is maintainable in a Civil Court for an injunction restraining the Hearing Authority appointed under S. 68-D of the Motor Vehicles Act, 1939 (hereinafter referred to as the Act) from proceeding with the hearing of matters under that provision and from approving a scheme published under S. 68-C of the Act either with or without any modification.

2. The petitioner is the holder of a permit issued under Chapter IV of the Act to ply a stage carriage on Bulandshahr - Siana - Garh - Bugrasi - Brijghat - Bhasians - Sahambhaoli - Babugarh - Jadol - Jahangirabad route in the State of Uttar Pradesh. The State Transport Undertaking of the State of Uttar Pradesh published a scheme dated March 7, 1975 in the U. P., Gazette dated April 5, 1975 under S. 68-C of the Act proposing to operate its stage carriages to the exclusion of all private operators on the route referred to above. The petitioner filed his objections to the said scheme along with several others. After a number of adjournments the Hearing Authority empowered under S. 68-D of the Act was able to conclude the proceedings by April 26, 19