Chavali Shivaji and Others v. Govt. of A.P. and Others

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1988 Supreme(Online)(AP) 1

ANDHRA PRADESH HIGH COURT
, J
Chavali Shivaji and Others v. Govt. of A.P. and Others

Table of Content
1. withdrawal of outdated draft schemes. (Para 1)
2. interplay of stu powers with public interest. (Para 2 , 6)
3. authority to withdraw schemes and administrative discretion. (Para 3 , 4 , 5)
4. legal expectations and natural justice concerns addressed. (Para 7 , 10 , 11 , 12)

1. In the years 1977 and 1978, the A.P. State Road Transport Corporation (for short - 'APSRTC') published draft proposals under S.68C of the Motor Vehicles Act, 1939 , proposing the Nationalisation of almost all the routes of Nellore and Prakasam Districts. Although the draft scheme were published more than nine years back, they not finally disposed of by the State Government under S.68D of the Motor Vehicles Act hereinafter referred to as 'the Act'). As a result, these draft proposals have been continuing to remain as draft proposals only. While they remain as draft proposals, objections and representations have been filed by the Public and the existing transport operators. But the Government did not consider those objections and as a result, they neither notified nor approved the draft proposals to the above deplorable situation, the directions issued by this court to call for fresh representa