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1960 Supreme(Raj) 120

D.S.DAVE, I.N.MODI
AUTOMOBILE TRANSPORT RAJASTHAN (PR. ), LTD. – Appellant
Versus
STATE OF RAJASTHAN – Respondent


Advocates Appeared:
C.L.AGARWAL, G.C.Kasliwal, J.G.Chhangani, KANSINGH, L.L.SHARMA

Judgment


MODI, J.

( 1 ) THESE are five writ applications under Art. 226 of the Constitution by which the validity of the Rules called the Rajasthan State Road Transport Services (Development) Rules, 1959 (hereinafter referred to as the Rules of 1959) has been challenged. As the questions of law raised by these petitions are common, we propose to dispose of them by a single judgment.

( 2 ) IT is necessary to state a few salient facts in order to understand the contentions raised in these writ petitions. The petitioners are the several holders of certain stage carriage permits on certain routes, and it is sufficient to state for our present purposes that these permits have not yet expired and would be current for some time to come. In exercise of the powers conferred on it by Section 68-I of the Motor Vehicles Act (No. IV) of 1939 (hereinafter called the Act) under Chapter iva thereof, which was introduced into the Act for the first time by Act No. 100 of 1956, the State Government published a draft of the impugned Rules by a notification in the State Gazette dated the 9th December, 1959, in compliance with Sub-section (1) of Section 133 of the Act. This notification was issued, to












































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