Yogeshwar Dayal, J. - (1.) The present appeal is directed against the judgment of the Andhra Pradesh High Court dated 30-6-1976 whereby the Division Bench of the High Court dismissed the writ appeal, No. 684 of 1974 filed by the appellant herein against the judgment of the learned single Judge passed in Writ Petition No. 7581 of 1973 dated 15-3-1974. The appeal arises in the following circumstances:
(2.) The appellant herein published a draft scheme relating to the route Tirupati to Kalahasti via Renigunta, Yerped which is an intra-state route as per the Andhra Pradesh Gazette dated 15-11-1972. The said scheme envisaged the exclusion of all the other operators on the proposed route except to the extent saved by the Note appended to the scheme. The note appended to the draft scheme was as follows:- "Note:- The scheme shall not affect (1) the other State Transport Undertakings, (2) holders of stage carriage permits in respect of portions of the route, and (3) the holders of stage carriage permits in respect of the routes:Srisailam to Tirupati and Tirupati-Vijayawada."
(3.) Respondent No. 1, G. T. Venkataswamy Reddy, who is operating an inter-State stage carriage service from Bangalore to Kalahasti including the nationalised portion Tirupati to Kalashasti, being aggrieved by the draft scheme, filed objections thereto. After hearing the interested objectors including the respondent No. 1 the draft scheme was approved with some modifications and the relevant modification introduced by way of clause (4) was as follows: "The scheme shall not affect: CLAUSE NO. 4:The existing permit holders of stage carriages on the inter-State routes overlapping the notified route, subject to the condition that they shall not pick up or set down intra-State passengers on the notified route." ;