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1960 Supreme(Raj) 283

SARJOO PROSAD, BERI
Chandra Bhan – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
C.L. Agrawal and L.L. Sharma, for Petitioners; G.C. Kasliwal Advocate, General, with Kan Singh, Government Advocate, for Respondents; M.M. Vyas and J.G. Chhangani, for Interveners

SARJOO PROSAD, C.J.—In this application under Article 226 of the Constitution the petitioners pray for a writ against the respondents restraining them from adopting and approving a scheme, which has been formulated and published for nationalisation of road transport. The main ground on which the petition is founded is the assertion that the provisions of section 68 D of the Motor Vehicles Act (Act No. IV of 1939—hereinafter called "the Act") are ultra vires the Constitution of India and that some of the relevant Rules of the Rajasthan State Road Transport Services (Development) Rules, 1960 (hereinafter called "the Rules") framed under the Act are equally ultra vires the provisions of the Act and the Constitution.

2. The petitioners are transport operators having their buses plying on different routes, locally known as Jaipur-Alwar-Med route, Jaipur-Neem-ka-Thana route, and Jaipur-Kotputli route. These routes are overlapped also by the Jaipur-Delhi route and the Jaipur-Pratap-garh route. Some previous schemes of nationalisation of the aforesaid routes purporting to be under section 68-C of the Act and the Rules framed for the purpose were either cancelled by the Government itself or





























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