Decided on April 01,1971



Parathasarathi, J. - (1.) The two appellants seek to impugn the action of the Regional Transport Authority which by its decision dated 17-10-1966 rendered ineffective their stage carriage permits for plying buses on the route Vuyyuru to Thelaprolu, beyond December 31, 1966. They urge identical grounds in support of their plea and consequently the two Writ Petitions were heard together and were decided by a common judgment by Ekbote, J. These appeals call in question the dismissal of the Writ Petitions by our learned brother.
(2.) The facts that led to the impugned decision of the Regional Transport Authority (referred to herein as the transport authority) are as follows: The two appellants are transport operators each owning a bus; They held stage carriage permits relating to the route Vuyyur-Telaprolu which is a sector of the longer route Vijayawada to Vuyyur. The State Transport undertaking mooted a scheme of road transport service under Section 68-C of the Motor Vehicles Act (for brevitys sake called the Act). The scheme which included the route in question was not approved by the State Government. There was a fresh notification made by the Transport undertaking (i.e. the State Road Transport Corporation) under Section 68-C of the Act. The fresh notification purported to relate to a scheme involving four routes, three of which were of the Telangana area and the fourth one is the route concerning which these proceedings are initiated. It can by no means be said to be a coordinated transport system relating to the four routes. The scheme was nevertheless accorded approval by the State Government on 19-11-1959 under Section 68-D.
(3.) The transport undertaking implemented the approved scheme by obtaining the necessary permits under Section 68-F in respect of the three routes of the Telangana Area. As regards the route now in question, nothing was then done by the transport undertaking to give effect to the approved scheme. The two operators who held permits had them renewed for a period of three years from 10-12-1958 to 12-12-1961, and again for a further period of three years from December, 1961 and yet against till 18-12-1967 in one case and 31-3-1968 in the other case. The scheme which emerged as the approved scheme under Section 68-D by virtue of the Governments sanction was not implemented in its entirety. It was carried out only in so far as the three routes in the Telangana area were concerned.;

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