- (1.) The appeal and the writ petitions practically raise the same points and may be disposed of together. At the outset we shall briefly state the facts relevant to each of the said proceedings.
(2.) The appellant in Civil Appeal No. 325 of 1961 held a permit for plying stage carriage on the Kanpur-Bela-Bidhuna route via Chaubepur, in the State of Uttar Pradesh. The entire route is 68 miles long, and a part of the route 16 miles in length i.e., Kanpur to Chaubepur, is a notified route. This part was common between the said route and the Kanpur-Chaubepur-Sarai Miran route, which was a nationalised route. A condition was, therefore, attached to the appellant's permit that he would not be entitled to pick up passengers or drop them between Kanpur and Chaubepur. His permit was to expire on June 10, 1960. Before the said date, be applied for renewal of his permit, and on May 20, 1960 it was published in the U. P. Government Gazette calling for objections. On the same day, the State Government published a notification in the Gazette proposing to nationalise the said route. As the application for renewal could not be disposed of before the expiry of the period fixed in the permit, a temporary permit for the route was granted to the appellant. On July 19, 1960 the application for renewal of the appellant's permit was considered by the Regional Transport Authority, Kanpur, and his permit was renewed for three years with effect from July 23, 1960 only in respect of a part of the old route, namely, Chaubepur-Bela-Bidhuna; but under the directions of the Transport Commissioner, the Regional Transport Authority made an endorsement on the renewed permit authorizing the appellant to ply his vehicles between Kanpur and Chaubepur for a period of four months commencing from July 23, 1960. As regards the proposed scheme of nationalisation, on June 22, 1960 the appellant filed his objections thereto. The said objections were heard by the Joint Secretary, Judicial Department, who approved the scheme with some modifications. The approved scheme was published in the Gazette on October 8,1960. Under the notification the scheme was to be put into operation from October 15, 1960 or thereafter. On November 12, 1960, a notification dated November 4, 1960 was published in the Gazette under S. 68F of the Motor Vehicles Act cancelling the appellant's renewed permit with effect from November 27, 1960, Under the nationalization scheme the stage carriages belonging to the State Transport Undertaking could ply on the said route without obtaining permits. The appellant filed a petition under Art. 226 of the Constitution in the High Court of Judicature at Allahabad praying for the following reliefs: (a) That a writ in the nature of mandamus may issue to command the respondents not to interfere with the petitioner's right to ply on Kanpur-Bela-Bidhuna via Chaubpur route under the permit duly renewed in his favour till the entire duration of the permit viz., till July 22, 1963. (b) That a writ in the nature of certiorari may issue to quash so much of the Resolution dated July 19, 1960 passed by the Regional Transport Authority, Kanpur as directs imposition of illegal conditions to the renewed permit of the petitioner (c) That a writ in the nature of mandamus may issue to command respondents Nos. 2 and 3 not to give effect to the illegal endorsements made on the petitioner's permit on July 23,1960 and to treat the petitioner's permit as having been renewed without the illegal conditions attached thereto by the two endorsements dated July 23, 1960, reproduced in paragraph 15 of the affidavit. (d) That a writ in the nature of certiorari may issue to quash the notifications dated May 18, 1960 under section 68C of the Act, so also the subsequent notifications under section 68D (2) of the Act dated September 26,1960 and the notification dated November 4, 1960 under section 68F (2) of the Act in regard to Kanpur-Bela-Bidhuna route. (e) That a writ in the nature of mandamus may issue directing the respondents Nos. 1 to 3 not to give effect to the notifications dated May 18, 1960. September 26, 1960 and November 4, 1960 in regard to Kanpur-Bela-Bidhuna route. (f) That an interim direction may issue to the respondents Nos. 2 and 3 not to interfere with the Petitioner's right to ply on the entire Kanpur-Bela-Bidhuna route under the renewed permit irrespective of the illegal conditions attached thereto or of the illegal scheme for the nationalisation of the said route. (g) That costs of this petition may be awarded to the Petitioner as against the opposite parties. On December 2, 1960 the High Court made an interim order directing the State of Uttar Pradesh not to interfere with the petitioner operating his vehicle on Kanpur-Bela-Bidhuna route in accordance with the terms of his permit. To that writ petition, the State of Uttar Pradesh, the Regional Transport Authority, and the Secretary to the Regional Transport Authority, were made respondents. The respondents opposed the petition. On March 6, 1961 a Division Bench of the High Court, accepting the contentions raised by the respondents, dismissed the petition. Hence the appeal.
(3.) Writ Petition No. 205 of 1961 is filed in this Court by another operator under Art, 32 of the Constitution. He was plying his stage carriage on the Jaunpur-Shahganj route in Uttar Pradesh under Permit No. 430, which was valid up to March 15, 1962. The State Government published in the Gazette dated July 23, 1960 a notification dated July 15, 1960 under S. 68-C of the Act proposing to nationalize the said route along with another route. The petitioner and others filed objections against the scheme within the time prescribed. The objections were heard by the Joint Secretary, Judicial Department, who approved the scheme. The approved scheme was published in the U. P. Official Gazette dated February 25, 1961. Thereafter, the Secretary to the Regional Transport Authority, Allahabad, issued a notification dated July 29, 1961 wherein it was stated that the permits of the operators on the said routes including that of the petitioner would stand cancelled and that the notification would come into force upon the expiry of 15 days from the date of publication of the said notification. The petitioner has filed the present writ petition asking for the following reliefs :- (a) A writ in the nature of certiorari quashing the notifications (Annexures A, B and C to this writ petition). (b) A writ in the nature of mandamus directing the respondents not to give effect to the notifications. (c) A writ in the nature of mandamus commanding the respondents not to interfere with the rights of the petitioner to ply his stage carriage on the aforesaid route (Jaunpur-Shahganj route), due to the aforesaid scheme. (d) Award the costs of this petition to the petitioner. Writ Petitions Nos. 180 and 181 of 1961 relate to the route Robertasgunj-Dudhi-Mamhani. The State Government issued a notification dated July 13, 1960 proposing to nationalize the said route and published the same in the Gazette on July 23, 1960. The petitioners filed objections against the scheme and the said objections were heard by the Joint Secretary, Judicial Department, and the scheme was finally approved by him. The approved scheme was notified in the Gazette on May 20, 1961. Under the said notification, the State Transport Undertaking would commence to operate its stage carriage service on the said route from July 15, 1961 or thereabout. Aggrieved by the said scheme, the petitioners filed the said petitions for writs in this Court for reliefs similar to those in the other petition.;