Decided on April 28,1967


Cited Judgements :-

Kulwant Rai VS. State of Rajasthan [LAWS(RAJ)-1973-9-2] [REFERRED TO]


- (1.)SINCE common questions of law and facts are involved in these 18 Writ petitions, we propose to dispose them of by a single judgment
(2.)THE petitioner in D. B. Civil Writ Petition No. 539 of 1965 (Shri Gopal Singh v. The State of Rajasthan and Others) has challenged the scheme pertaining to jaipur-Bharatpur route which is sought to be modified under Section 68-E of the motor Vehicles Act (hereinafter to be referred to as the "act") while the legality of the scheme for nationalising Udaipur-Kherwara Ratanpur route inclusive of udaipur-Rikhabdeo, Udaipur-Dungarpur, Udaipur-Ratanpur and Dungarpur-Ratanpur routes or portions thereof has been challenged by the other 17 writ petitions.
(3.)THESE 17 writ petitions have been filed by the existing operators who were holding non-temporary permits in the year 1962 for stage carriages on the aforesaid routes or portions thereof which were sought to be nationalised by the impugned scheme. This scheme was published by the Rajasthan Roadways for nationalising Udaipur-Ahmedabad route in the Udaipur Region inclusive of (i)Udaipur-Rikhabdeo: (ii) Udaipur-Dungarpur; (iii) Udaipur-Ratanpur, and (iv)Dungarpur-Ratanpur routes or portions thereof. Objections were filed by existing operators with the Secretary to the Govt. of Rajasthan in the Transport department to challenge the scheme The Legal Remembrancer to the Govt. of rajasthan, who was appointed to dispose of the objections under Section 68-D of the Act, gave hearing to the objectors and after formulating the procedure for disposal of the objections he recorded the evidence adduced by the objectors and also inspected the route from Udaipur to Ahmedabad. Thereafter, on 22-9-1964 the State Government issued a notification under Section 3 of the Road Transport corporation Act, 1950, constituting the Rajasthan State Road Transport corporation with effect from 1-10-1964 for the purpose of creating the State transport Undertaking to provide the transport services on the route or routes proposed to be nationalised under Chapter IV-A of the Act the Rajasthan Roadways which was defined in the Rajasthan State Road Transport services (Development) Rules, 1960 (hereinafter to be referred to as the "rules of 1960"), as the State Transport Undertaking became defunct from 1-10-1964. The state Government by issuing another notification dated 18-11-64 purported to have been issued under Section 34 of the Road Transport Corporation Act, 1950, issued administrative instructions whereby it was directed that the Corporation would take over the management of the existing Roadways Department of the government of Rajasthan. Instruction No. 9 provided that any scheme prepared or any permit granted to and generally anything done or any action taken by or in favour of the State Government in respect of the State Undertaking shall be deemed to have been prepared or granted to or done or taken by or in favour of the Corporation. After the Corporation was constituted, an objection was taken before the Legal remembrancer by the objectors that the draft scheme proposed by the Rajasthan roadways could no longer be considered by the Legal Remembrancer as under the Rules the Corporation established by the State Government could not pursue the proposed scheme and therefore the scheme proposed by the Rajasthan Roadways should be rejected. A copy of this application dated 23-10-1964 submitted by the objectiors in writ petition No 367 of 1965 (Messrs Green Bus (Rajasthan) Private ltd. Bapu Bazar, Udaipur v. State of Rajasthan), may be referred here. This application is Ex. 22 on the record of that file. The counsel for the Rajasthan State roadways who at that juncture desired to represent the Rajasthan State Road transport Corporation requested the Legal Remembrancer for a short adjournment and the learned Legal Remembrancer in order to meet the objections filed by the objectors adjourned the hearing of the objections on a verbal request made by the rajasthan State Road Corporation. That Legal Remembrancer then ordered for impleading the Corporation as a party to the proceedings pending before him under Section 68-D of the Act. The objectors then raised a plea that the Rajasthan state Road Transport Corporation was not a State Transport Undertaking as defined in the Rules of 1960 and, therefore, it could not propose prepare continue or implement any scheme for nationalisation of the Road Transport in Rajasthan. It also contended that the Corporation was not a successor of the Rajasthan State roadways and therefore it could not continue to pursue a scheme which was prepared and proposed by the Rajasthan State Roadways these objections were of a preliminary nature but before they could be disposed of by the Legal Remembrancer, the Rajasthan Government issued another notification purporting to be under Rule 7 (1) of the Rules of 1960 appointing the joint Legal Remembrancer who is respondent No. 5 in these writ petitions to consider the objections for the purposes of approving or modifying the impugned scheme. The matter came up for heating before the Joint Legal Remembrancer for the first time on 1-5-1965. The objector challenged the legality of the appointment of the Joint Legal Remembrancer and submitted that he had no jurisdiction to take proceedings under Section 68-D of the Act. The learned Joint Legal Remembrancer repelled the objections questioning his appointment and jurisdiction to dispose of the objection of the petitioners and to approve the scheme. He also rejected the aforesaid preliminary objection and heard the arguments of the parties and disposed of the objections and approved the scheme of Udaipur-Kherwara-Ratanpur route on 11-6-1965, which was ordered to come into force from 15-81965. The petitioners in all these 17 writ petitions have questioned the legality of the scheme approved by the Joint Legal Remembrancer by his order dated 11-6-1965 and have prayed that by issuing a writ of certiorari, or any other writ, order or direction the order of the Joint Legal Remembrancer dated 11-6-1965 be set aside and the scheme approved thereby may be quashed. They have also prayed for a consequential relief that the opposite parties may be restrained from implementing the scheme by cancelling the permits of the petitioners.

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