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1984 Supreme(Raj) 546

K.S SIDHU
Hari Charan Kalra – Appellant
Versus
Secretary, R. T. A. , Kota – Respondent


JUDGMENT

1. - In exercise of its powers under section 68-D (3), Motor Vehicles Act, 1939 (for short, the Act), the State Government of Rajasthan published in the Official Gazettee, dated, January 13, 1977, a scheme as approved under section 68-D (2) of the Act, laying down that passenger road transport services described in details in paragraph 1 of the scheme, which includes the Dag- Chomela route, shall be run and operated by the State Transport Undertaking, i. e. the Rajasthan State Road Transport Corporation (RSRTC), to the complete exclusion of all other persons. The said scheme will hereinafter be referred to as the nationalisation scheme. Paragraph 4 of the nationalisation scheme is important for our present purpose and should therefore be reproduced here in its entirety. Translated from its original in Hindi, it reads:No permit for passenger road transport services (stage carriage or contract carriage) in respect of route or part of route mentioned in paragraph 1 shall be granted to any person under existing or future agreements between the States, except to the RSRTC and to the State Transport undertakings of the States under the said agreements.It may straight away be men










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