SIKRI, - (1.) THE Judgment of the court was delivered by
(2.) THIS appeal by special leave is directed against the judgment of the High court of Mysore dismissing Writ Petition No. 11 12 of 1969 filed by T. N. Raghunatha Reddy, appellant before us, against the Mysore State Transport Authority. The appellant had prayed to the court to quash the order/endorsement of the respondent, dated 10/03/1969. In order to appreciate the points raised before the High court and before us it is necessary to give a few facts. In 1959 the States of Andhra Pradesh and Mysore appear to have entered into a reciprocal arrangement regarding inter-State road transport. In exercise of the powers conferred by sub-seclion (1) of Section 43 of the Motor Vehicles Act, 1939 (Central Act IV of 1939), the government of Mysore issued a direction to tlie State Transport Authority to take necessary action to give effect to the above arrangement. On 8/10/1964, the State of Mysore published under clause (d), Section 68-C of the Motor Vehicles Act, 1939-hereinafter referred to as the 543 Act-what is called the "Kolar Scheme". Clause (d) of the scheme reads as follows: JUDGEMENT_541_1_1970Html1.htm It is the case of the appellant that in March, 1967 on a proposal made by the State of Mysore, the States of Andhra Pradesh and Mysore entered into an agreement for counter-signing a second inter-State permit on the route Cuddapah to Bangalore, and on 4/04/1967, the Transport Commissioner of Andhra Pradesh showed willingness to countersign a second permit. On 13/04/1967 the Transport Commissioner of Mysore State expressed willingness to countersign the second permit. It is further the case of the appellant that although the State of Andhra Pradesh carried out the agreement and countersigned the second permit on the Bangalore-Cuddapah route in favour of a Mysore operator the Mysore State refused to carry out this agreement. On 25/01/1968, the Kolar Scheme, as approved, was published in the Gazette under Section 68-D(3)of the Act. On 1/03/1968, the Mysore undertaking applied under Section 68-F(1) to operate buses from 1/01/1968, or a later date. On 25/04/1968, the Regional Transport Authority, Cuddapah issued a permit to the appellant for Cuddapah-Bangalore route on inter-State route, under Section 63 of the Act. This permit is valid uptil 3/05/1971. On May 16/05/1968, the appellant applied to the State Transport Authority, Mysore, for counter-signature under Section 63 of the Act, and on 20/05/1968, the Transport Commissioner, Andhra Pradesh, requested the Transport Commissioner, Mysore, to countersign the appellant's permit under the agreement.
(3.) IN the meantime the Kolar Scheme had been challenged in the High court and the High court stayed the Kolar Scheme pending the decision of the writs. The application of the appellant, dated 16/05/1968, for the grant of counter-signature of the permit came up for consideration before the Mysore State Transport Authority on 6/07/1968. The learned counsel for the appellant urged before it that "countersignature may be given with any timings found suitable by the Authority for their service which is an express service and does not stop in all stations as the shuttle services of the (in the case of) objectors". He also urged that "countersignature may be considered and granted as there is a stay order of the High court of Mysore in W. P. No. 1390 of 1968 against the operation of the Kolar Nationalisation Scheme and that his permit was granted before the Scheme was approved and that 544 the permit is issued under reciprocal agreement". The grant of counter-signature was opposed by a number of objectors. The Law Officer of the. Mysore State Undertaking argued that though there was a stay order against the Kolar Scheme and its implementation it did not authorise any Transport Authority to grant any fresh permits for countersignature. The Transport Authority observed: "After considering the elaborate arguments of the counsels for the petitioner and objectors and taking all aspects of the matter and facts as disclosed from the records and the large number of existing services on the route or sectors of the route, the S. T. A. resolved to grant the countersignature subject to the decision of the High court of Mysore about the validity of the Nationalisation Scheme of Kolar Pocket and with the following modification to the timings already granted by the R. T. A. Cuddapah." In pursuance of this resolution actual countersignature was granted on 6/07/1968. On 7/10/1968, the High court dismissed the writs relating to the Kolar Scheme and the Regional Transport Authority in its meeting on 30/12/1968, passed a series of orders which it deemed fit consequent on the implementation of the Kolar Scheme. On 10/03/1969, the State Transport Authority, Mysore, issued a notice to the appellant to surrender the countersignature slip and stop running the buses. On 15/03/1969, the appellant filed writ petition No. 1112 of 1969 challenging this order.;