- (1.) The appellant carries on the business of plying stage carriages for transporting passengers. In 1962 he was granted a stage carriage permit by the Transport authorities under the Motor Vehicles Act, IV of 1939 (hereinafter referred to as the Act) bearing No. 203/62 for the route between Ratlam and Kukshi via Dhar. The permit was renewed on December 14, 1965 with effect from August 14, 1965 for a period of 3 years, i. e., upto August 15, 1968.
(2.) Under section 68-C of the Act, the respondent-corporation published a scheme bearing No. 37 in the Madhya Pradesh Government Gazette, dated March 12, 1965, which included amongst other routes Indore-Dhar and Bagh- Kukshi routes. In that scheme, the appellant's said permit was shown as one of the permits which would have to be cancelled. On being objected to by a number of operators that scheme was rejected by an order dated January 20, 1967 passed by the Special Secretary to the Government exercising the powers of the Government under S. 68-D (2) of the Act.
(3.) The respondent-corporation had also prepared and published another scheme in the Government Gazette of February 12, 1965, called Scheme No. 36. The scheme contained 37 routes, Nos. 4, 5, 6, 18, 19 and 20 of which were as follows:;