Judgment

VENKATARAMIAH J. :- The question involved in this case relates to the right of a person to obtain a special permit under sub-sec. (6) of S. 63 of the Motor Vehicles Act, 1939 (hereinafter referred to as the Act) to ply a public service vehicle on routes or portions thereof in respect of which a scheme approved under S. 68-D of the Act providing for exclusive operation of contract carriages on the said routes by a State transport undertaking to the complete exclusion of all other persons has been brought into force.

2. By a notification dated 29th Nov. 1973 published under S. 68-D(3) of the Act by the Government of Maharashtra, the Maharashtra State Road Transport Corporation (hereinafter referred to as the Corporation) was authorised to operate contract carriage services in the entire area of the State of Maharashtra and on all routes and portions thereof failing within the said area to the complete exclusion of all other persons except those falling under the seven categories of persons mentioned therein, namely, (1) a State Transport Undertaking, as defined under S. 68-A(b) of the Act, (2) holders of duly countersigned permits on inter-State routes save those falling under