JUDGMENT :

J.C. Shah, J.

1. The State of Uttar Pradesh decided to nationalise the Delhi-Saharanpur inter-State route and published a scheme in that behalf under Section 68-C of the Motor Vehicles Act, 1939. After hearing the objections of persons affected, the scheme was published in the Official Gazette of the State Government under Section 68-D(3) on 29-9-1959. Thirty-two permit-holders applied to the High Court at Allahabad for quashing the scheme.

2. A Single Judge of the High Court, held that there were certain defects in the proceeding taken by the Government under Chapter IV-A of the Motor Vehicles Act in sanctioning the scheme and proceeded to order that "the Notification dated 29-9-1959 under Section 68-D could not stand so far as the 32 petitioners were concerned". He proceeded then to observe:

"The notification indicates that it hits about 46 persons in all. The scheme as sanctioned ought not to be enforced against the present petitioners at least. The State Government may be left to enforce it, if it is so desired, against persons other than the present petitioners."

The learned Judge then ordered that:

"The State Government of Uttar Pradesh is directed not to enforce the N