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1975 Supreme(All) 454

G.C.MATHUR, K.N.SETH
State of U. P. – Appellant
Versus
Shashi Kant Rai – Respondent


Advocates:
Standing Counsel, for Appellant; A.P. Singh, R.A. Sharma and Shanti Bhushan, for Respondents.

Judgement

G. C. Mathur, J.:- The only question, which arises for determination in this appeal by the State Government, is whether, in the draft scheme prepared under Section 68-C of the Motor Vehicles Act, 1939, particulars regarding the adequacy of the services proposed to be rendered by the State Transport Undertaking are required to be given or not. The learned Single Judge, relying upon the decision of the Supreme Court in B.H. Aswathanarayana Singh etc. v. State of Mysore, AIR 1965 SC 1848 has held that such particulars are required to be given and, in case they are not given, the draft scheme would be defective and liable to be quashed. The main argument of the learned Standing Counsel is that the learned Single Judge has not correctly interpreted the Supreme Court decision and that, upon a proper reading thereof and of the provisions of the Act, it is clear that no particulars regarding the adequacy of the road transport services proposed to be rendered need be given in the draft scheme.

Section 68-C of the Act is in these words:-

"68-C Preparation and publication of scheme of road transport service of a State Transport Undertaking- Where any State Transport Undertaking is of























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