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1974 Supreme(SC) 461

Y.V.CHANDRACHUD, M.H.BEG
MYSORE STATE ROAD TRANSPORT CORPORATION – Appellant
Versus
MYSORE REVENUE APPELLATE TRIBUNAL – Respondent


Advocates Appeared:
For the Appellant : Shyamla Pappu and Vineet Kumar
For the Respondent: S.S. Ganguli, H.K. Puri, P.K. Pillai, A.G. Ratnaparkhi and S.V. Gupte

JUDGMENT :

M.H. Beg, J.

There are twenty two appeals by Special leave together with thirteen connected special leave petitions involving a common question of law for decision before us. This question arises out of three approved schemes, which may be called the Anekal Scheme dated 15-4-1959, the Gulbarga Scheme dated 18-2-1960, and the Bangalore Scheme dated 7-6-1960, for the nationalisation under Chapter IVA of the Motor Vehicles Act, 1939 (hereinafter referred to as 'the Act'), of transport services on certain routes lying within, the State of Mysore. But, parts of these, intra-state routes overlap inter-state routes over which private transporters were granted permits and then their renewals by the State Transport authorities to ply their vehicles. The Mysore State Road Transport Corporation objects to these permits in so far as they cover overlapping portions of intra-state routes. The common question of law which arises may be formulated as follows:

Can a permit be granted to an Inter-State Transport Operator for the whole of his route despite the fact that a part of the route overlaps a part of a notified intra-State route?

2. There can be no doubt that the Mysore State Transport





























































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