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1989 Supreme(SC) 643

M. M. PUNCHHI, RANGANATH MISRA, S. C. AGRAWAL, E. S. VENKATARAMIAH
R. Raghuram – Appellant
Versus
P. Jayarama Naidu – Respondent


Advocates:
B.Kanta Rao, N.D.B.RAJU, S.SRINIVASA VARMA

JUDGMENT

VENKATARAMIAH, CJI.:- This is a petition for review of the decision dated 24th January, 1989 rendered in Civil Appeal No. 4125 of 1988. The question involved in this case relates to the right of a private operator to ply a stage carriage on a notified route under Chapter IV-A of the Motor Vehicles Act, 1939 (hereinafter referred to as the Act) or any part thereof. Although the case proceeded on the basis that there was only a draft scheme published under S. 68C of the Act it now transpires that there was an approved scheme in respect of major portion of the route in question. It is not disputed that between Chittoor and Kannikapuram the portion of the route Chittoor lruvaram Cross Kannikapurarn is a notified portion of the route. Under the scheme the holders of stage carriage permits operating on portions of the proposed route were not to be affected. Even while the draft scheme was pending the appellant P. Jayarama Naidu who was an existing permit holder applied for a variation of his permit as he desired an increase in the number of trips operated by him on a portion of the notified route. The State Transport Authority allowed an Increase in the number of trips but. on a








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