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1987 Supreme(SC) 185

R. S. PATHAK, RANGANATH MISRA, B. C. RAY
Karnataka State Road Transport Cor. Poration, Bangalore – Appellant
Versus
Karnataka State Transport Authority – Respondent


Advocates:
G.L.SANGHI, H.B.DATAR, K.R.NAGARAJA, M.RANGASVVAMY, N.D.B.RAJU, R.B.DATAR, R.S.HEGDE, RAVI P.VADHVANI, S.N.KACKAR, Y.S.Chitale

Judgment

RANGANATH MISRA, J. :- These are appeals by special leave and are directed against a common judgment in two writ petitions disposed of on 6-4-1983 by a Division Bench of the Karnataka High Court. The appellant filed both the writ petitions before the High Court challenging in each of them the variation of the conditions of the permit held by each of respondents 2 and 3 on the inter-State route Bangalore to Madanapalli. The appellant, Transport Corporation, plies its vehicles on a number of intra-State routes located within the State of Karnataka under the Kolar Pocket Scheme framed under Chap. IV-A, Motor Vehicles Act. The route between Bangalore and Madanapalli located within the States of Karnataka and Andhra Pradesh respectively was an existing inter-State route by the time the modified scheme came into operation. There is no dispute that the major portion of the inter-State route lying within the State of Karnataka is- covered by routes under the scheme. With effect from 10th of January, 1980, the modified scheme provided :

"The State Transport Undertaking will operate the services on all routes to the complete exclusion of other persons except the following :-

(a) & (b)









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