D. P. Mohapatra, J. - (1.) Leave is granted in all the special leave petitions.
(2.) These appeals filed by certain private stage carriage operators in Calcutta region of the State of West Bengal are directed against the judgment of the Division Bench of the High Court of Calcutta disposing of a batch of appeals filed by some private operators challenging the judgment passed by single Judge declining to grant any relief to the petitioners. Since all these appeals have been heard together, the facts in S.L.P. (Civil) No. 8634/99 are being referred for the sale of convenience. The Division Bench of the High Court disposed of the appeals by passing the order operative portion of which reads as follows : "For the reasons aforementioned these appeals and the writ applications are disposed of with the direction upon the Regional Transport Authority to consider grant of permit as if the 1980 Scheme is no longer in force and for that purpose applications filed by the concerned operators may be considered strictly in accordance with law. In the facts and circumstances of this case there will be no order as to costs."
(3.) From the discussions in the impugned judgment it is clear that the Division Bench took the view that the scheme formulated under the Notification issued on 10-4-1980 was ultra vires the provisions of Chapter IVA of the Motor Vehicles Act, 1939 since it was contrary to the intent and purport of provisions in the said chapter. The Division Bench observed : ". . . . . .Ex facie, therefore, the said 1980 Notification is ultra vires S. 68-C of 1939 Act. Any Notification issued contrary to the Statute shall be invalid and inoperative." ;