- (1.) I have the benefit of reading the judgment prepared by my esteemed brethren Sawant and K. Ramaswamy, JJ. Brother Sawant has taken the view that S. 20 of the Karnataka Act has not become void with the enforcement of the Motor Vehicles Act, 1988, while brother K. Ramaswamy has come to thecontrary conclusion. Agreeing with the conclusion of Sawant, J. , I have not found it possible to concur with Ramaswamy, J. Since an interesting question has arisen and in looking to the two judgments I have found additional reasons to support the conclusion of Sawant, J. , I proceed to indicate the same in my separate judgment.
(2.) These applications under Article 32 of the Constitution by a group of disgruntled applicants for contract carriage permits call in question action of the concerned transport authorities in not entertaining their applications under the provisions of the Motor Vehicles Act, 1988.
(3.) Motor Vehicles Act (4 of 1939) made provision for grant of contract carriage permits. The Karnataka Contract Carriages (Acquisition) Act, 1976 (Karnataka Act 21 of 1976) received assent of the President on 11/03/1976, but was declared to have come into force from 30/01/1976, when the corresponding Karnataka Ordinance 7 of 1976 had come into force. The long title of the Act indicated that it was an Act to provide for the acquisition of contract carriages and for matters incidental, ancillary or subservient thereto, and the preamble stated: "Whereas contract carriages and certain other categories of public service vehicles are being operated in the State in a manner highly detrimental and prejudicial to public interest; And whereas with a view to prevent such misuse and also to provide better facilities for the transport of passengers by road and to give effect to the policy of the State towards securing that the ownership and control of the material resources of the community are so distributed as best to subserve the common good and that the operation of the economic system does not result in the concentra- tion of wealth and means of production to the common detriment; And whereas for the aforesaid purposes it is considered necessary to provide for the acquisition of contract carriages and certain other categories of public service vehicles in the State and for matters incidental, ancillary or subservient thereto. . "s. 2 contains the declaration to the following effect: "It is hereby declared that this Act is for giving effect to the policy of the State towards securing the principles specified in clauses (b) and (c) of Article 39 of the Constitution of India and the acquisition therefor of the contract carriages and other property referred to in S. 4. ";