B.A.LINGA REDDY Vs. KARNATAKA STATE TRANSPORT AUTHORITY
LAWS(SC)-2014-12-68
SUPREME COURT OF INDIA (FROM: KARNATAKA)
Decided on
December 18,2014
B.A.Linga Reddy
Appellant
VERSUS
KARNATAKA STATE TRANSPORT AUTHORITY
Respondents
Referred Judgements :-
GULLAPALLI NAGESWARA RAO VS. ANDHRA PRADESH STATE ROAD TRANSPORT CORPORATION [REFERRED TO]H C NARAYANAPPA D R KARIGOWDA VS. STATE OF MYSORE [REFERRED TO]
NARESH SHRIDHAR MIRAJKAR VS. STATE OF MAHARASHTRA [REFERRED TO]
L C GOLAK NATH N KRISHNA BHATTA GODAVARI SUGAR MILLS MAHARASHTRA PRAGAT SHETKARI SANGH RAJGOPAL RAMDAYAL DOOT P RAMAKRISHNA MALLY SRINIVAS RAMDAYAL DOOT VS. STATE OF PUNJAB:STATE OF MYSORE :STATE OF MYSORE :STATE OF MYSORE [REFERRED TO]
CAPITAL MULTI PURPOSE CO OPERATIVE SOCIETIES BHOPAL IN C A NO 2201 OF 1966 NIRMAL MOTOR CAR CO INDORE VS. STATE OF MADHYA PRADESH [REFERRED TO]
SIEMENS ENGINEERING AND MANUFACTURING CO OF INDIA LIMITED VS. UNION OF INDIA [REFERRED TO]
ADARSH TRAVELS BUS SERVICE VS. STATE OF UTTAR PRADESH [REFERRED TO]
S N MUKHERJEE VS. UNION OF INDIA [REFERRED TO]
ANDHRA PRADESH STATE ROAD TRANSPORT CORPORATION VS. P V RAMAMOHAN CHOWDHARY [REFERRED TO]
WORKMEN OF MEENAKSHI MILLS LIMITED RAJASTHAN TRADE UNION KENDRA RAJASTHAN TRADE UNION KENDRA WORKMEN OF BUCKINGHAM AND CARNATIC MILLS HINDUSTAN STEEL WORKS CONSTRUCTION LIMITED WORKMEN OF HINDUSTAN STEEL WORKS CONST LIMITED WORKMEN OF HINDUSTAN STEEL VS. MEENAKSHI MILLS LTD [REFERRED TO]
MANAGING DIRECTOR ECIL HYDERABAD VS. B KARUNAKAR [REFERRED TO]
RAVI S NAIK SANJAY BANDEKAR VS. UNION OF INDIA [REFERRED TO]
ASHOK KUMAR GUPTA VIDYASAGAR GUPTA VS. STATE OF UTTAR PRADESH [REFERRED TO]
BABU RAM VS. C C JACOB [REFERRED TO]
KARNATAKA STATE ROAD TRANSPORT CORPORATION VS. ASHRAFULLA KHAN [REFERRED TO]
COMMISSIONER OF INCOME TAX VS. G M MITTAL STAINLESS STEEL PVT LTD [REFERRED TO]
M A MURTHY VS. STATE OF KARNATAKA [REFERRED TO]
P V GEORGE VS. STATE OF KERALA [REFERRED TO]
DIVL FOREST OFFICER KOTHAGUDEM VS. MADHUSUDHAN RAO [REFERRED TO]
CHAIRMAN D A RANI LAKSHMI BAI K G BANK VS. JAGDISH SHARAN VARSHNEY [REFERRED TO]
MANOHAR S/O MANIKRAO ANCHULE VS. STATE OF MAHARASHTRA [REFERRED TO]
Cited Judgements :-
GULSHAN KUMAR VS. STATE OF H.P. [LAWS(HPH)-2016-6-162] [REFERRED TO]GEORGE VS. STATE OF KERALA [LAWS(KER)-2020-7-40] [REFERRED TO]
K R JAYARAM VS. UNIVERSITY OF CALICUT [LAWS(KER)-2018-6-57] [REFERRED TO]
RABINDRA NATH DAM VS. STATE OF WEST BENGAL [LAWS(CAL)-2019-12-143] [REFERRED TO]
STATE OF M.P. VS. MAHARAJ SINGH [LAWS(MPH)-2019-3-200] [REFERRED TO]
SUDHAKAR BABURAO NANGNURE VS. NORESHWAR RAGHUNATHRAO SHENDE AND OTHERS [LAWS(SC)-2019-3-28] [REFERRED TO]
ORISSA STATE BEVERAGES CORPORATION LTD. VS. REGIONAL PROVIDENT FUND COMMISSIONER AND ORS. [LAWS(ORI)-2016-2-45] [REFERRED TO]
VIMAL KUMAR JAIN AND ORS. VS. STATE OF RAJ. AND ORS. [LAWS(RAJ)-2015-5-61] [REFERRED TO]
MUNICIPAL CORPORATION SHIMLA VS. SAVITRI DEVI [LAWS(HPH)-2015-10-38] [REFERRED TO]
UNION OF INDIA VS. PAWAN KUMAR GUPTA AND OTHERS [LAWS(J&K)-2017-9-9] [REFERRED TO]
SANT GURMEET RAM RAHIM SINGH VS. CENTRAL BUREAU OF INVESTIGATION [LAWS(P&H)-2016-3-56] [REFERRED TO]
KANCO ENTERPRISES LIMITED VS. AUTHORISED OFFICER OF STATE BANK OF INDIA [LAWS(GJH)-2015-5-67] [REFERRED TO]
DATTAKISHOR JAGANNATH KUMBHARE VS. STATE OF MAHARASHTRA [LAWS(BOM)-2017-7-151] [REFERRED TO]
DISTRICT COLLECTOR VS. PATTARPALAM- EDAKKARA SHEEROLPADAKA SANGHAM [LAWS(KER)-2017-1-73] [REFERRED TO]
M/S. E. MERCK (INDIA) LTD VS. COMMISSIONER OF INCOME TAX [LAWS(BOM)-2017-2-30] [REFERRED TO]
MATHEW VAZHAYIL DIRECTOR VS. UNIVERSITY OF CALICUT THENHIPPALAM [LAWS(KER)-2018-6-103] [REFERRED TO]
SECRETARY, BAITHUL IZZA ARTS AND SCIENCE COLLEGE VS. STATE OF KERALA [LAWS(KER)-2018-6-111] [REFERRED TO]
MANAGER, ST JOSEPHS EDUCATIONAL AND CHARITABLE TRU VS. STATE OF KERALA REPRESENTED BY CHIEF SECRETARY [LAWS(KER)-2018-6-99] [REFERRED TO]
JOY ULLATIL MANAGER DON BOSCO COLLEGE SULTHAN BATH VS. UNIVERSITY OF CALICUT CALICUT UNIVERSITY [LAWS(KER)-2018-6-85] [REFERRED TO]
STATE OF WEST BENGAL VS. SUBHAS BHOWMIK @ BABAN & ORS. [LAWS(CAL)-2016-8-16] [REFERRED TO]
JAGDISH PRASAD PANDEY VS. STATE OF CHHATTISGARH THROUGH SECRETARY [LAWS(CHH)-2018-9-161] [REFERRED TO]
NAZAR A.K. VS. KERALA STATE ELECTRICITY BOARD LIMITED [LAWS(KER)-2016-7-224] [REFERRED TO]
J R R RAHEEM KHAN S/O J R RASHEED KHAN VS. REGIONAL TRANSPORT AUTHORITY DAVANAGERE, REP BY ITS SECRETARY [LAWS(KAR)-2019-4-159] [REFERRED TO]
SUHAIL AHMAD VS. STATE OF U.P. [LAWS(ALL)-2017-5-39] [REFERRED TO]
SUNIL KUMAR VERMA VS. STATE OF UTTAR PRADESH [LAWS(ALL)-2017-9-180] [REFERRED TO]
TRAVANCORE DEVASWOM BOARD VS. UNION OF INDIA [LAWS(KER)-2022-8-367] [REFERRED TO]
NALAKATH BASHEER VS. UNIVERSITY OF CALICUT [LAWS(KER)-2018-6-59] [REFERRED TO]
MANAGER, ST TERESAS ARTS AND SCIENCE COLLEGE VS. UNIVERSITY OF CALICUT [LAWS(KER)-2018-6-94] [REFERRED TO]
MOHAMMED SUHAIL VS. UNIVERSITY OF CALICUT [LAWS(KER)-2018-6-96] [REFERRED TO]
FR. JOY ULLATIL VS. UNIVERSITY OF CALICUT AND OTHERS [LAWS(KER)-2018-6-836] [REFERRED TO]
SANTI SUDHA LAYEK VS. SOUTH BENGAL STATE TRANSPORT CORPORATION & ORS. [LAWS(CAL)-2016-9-49] [REFERRED TO]
J.S. MANJUNATH VS. KARNATAKA STATE TRANSPORT [LAWS(KAR)-2017-6-185] [REFERRED TO]
SRI B. ATHAULLA KHAN VS. STATE OF KARNATAKA [LAWS(KAR)-2017-5-19] [REFERRED TO]
NIJI BUS OPERATOR KALYAN SABHA AND ORS. VS. STATE OF H.P. AND ORS. [LAWS(HPH)-2015-5-114] [REFERRED TO]
SUNIL RAGHUVANSHI VS. STATE OF M P AND ANOTHER [LAWS(MPH)-2019-1-139] [REFERRED TO]
M R SAHU VS. STATE OF CHHATTISGARH [LAWS(CHH)-2019-2-157] [REFERRED TO]
THE SECRETARY, BAITHUL IZZA ARTS AND SCIENCE COLLEGE VS. THE STATE OF KERALA [LAWS(KER)-2018-6-776] [REFERRED TO]
THARA K SIMON, W/O JACOB ELIAS VS. MAHATMA GANDHI UNIVERSITY [LAWS(KER)-2018-6-74] [REFERRED TO]
NORESHWAR RAGHUNATHRAO SHENDE VS. SUDHAKAR BABURAO NANGNURE [LAWS(BOM)-2017-11-34] [REFERRED TO]
T.J. RAJU VS. THE REGIONAL TRANSPORT AUTHORITY [LAWS(KER)-2016-8-18] [REFERRED TO]
LUKA DEVASSIA VS. REGIONAL TRANSPORT AUTHORITY [LAWS(KER)-2015-4-69] [REFERRED TO]
MUSLIM EDUCATIONAL SOCIETY VS. STATE OF KERALA, REP BY PRINCIPAL SECRETARY [LAWS(KER)-2018-6-97] [REFERRED TO]
PROF. NALAKATH BASHEER VS. UNIVERSITY OF CALICUT AND OTHERS [LAWS(KER)-2018-6-758] [REFERRED TO]
MS VEENA KOTHAVALE VS. UNION OF INDIA [LAWS(DLH)-2018-1-458] [REFERRED TO]
MANAGING COMMITTEE VS. SURANJITA DEVI [LAWS(ORI)-2021-2-25] [REFERRED TO]
JYOTI THAKUR VS. INDIAN OIL CORPORATION LTD & ORS [LAWS(HPH)-2016-10-95] [REFERRED TO]
JIJO VS. THE REGIONAL TRANSPORT AUTHORITY ERNAKULAM [LAWS(KER)-2017-8-48] [REFERRED TO]
REV. FR. DR. MATHEW VAZHAYIL DIRECTOR VS. UNIVERSITY OF CALICUT AND OTHERS [LAWS(KER)-2018-6-767] [REFERRED TO]
ST MARYS COLLEGE REP BY ITS CHAIRMAN VS. STATE OF KERALA REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT [LAWS(KER)-2018-6-291] [REFERRED TO]
CHIEF SECURITY COMMISSIONER VS. JIWIT PROSAD ARYA [LAWS(CAL)-2019-12-108] [REFERRED TO]
PRIYANKA KUMARI AND OTHERS VS. THE STATE OF BIHAR AND ANOTHERS [LAWS(PAT)-2018-2-259] [REFERRED TO]
THE KERALA STATE ROAD TRANSPORT CORPORATION VS. THE REGIONAL TRANSPORT AUTHORITY [LAWS(KER)-2016-7-206] [REFERRED TO]
MALU M. AND ORS. VS. STATE OF KERALA AND ORS. [LAWS(KER)-2015-7-197] [REFERRED TO]
JUDGEMENT
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(1.)Leave granted in all the SLPs.
(2.)The question involved in the appeals is whether the State Government while modifying the scheme under Section 102 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act of 1988') is required to assign reasons while modifying the existing scheme. The High Court of Karnataka has quashed the orders modifying the scheme called Bellary Scheme notified in the Gazette dated 26.7.2003; Kolar Scheme notified on 7.11.2003; Bangalore and Kanakpura Plans as notified on 11.11.2003, modification of the scheme called Mysore Scheme, BTS Scheme by notification dated 31.5.2007.
(3.)The Bellary Scheme was initially notified on 31.10.1962 by Karnataka State Road Transport Corporation, Bangalore, (for short 'KSRTC') under section 68C of the Motor Vehicles Act, 1939 (hereinafter referred to as 'the Act of 1939') by which it was proposed to operate stage carriage services on 86 routes in Bellary sector for the purpose of providing efficient, adequate, and economical road transport services. The Government approved the scheme and published it in the Gazette dated 18.4.1964. The scheme provided for operation of services by the State Transport Undertakings only and no exemption had been provided therein for operation of services by the State Transport Undertakings of other States and the existing inter-State private operators. The said Scheme was modified on 10.1.1980 under section 68E of the Act of 1939 providing for operation of services by permit-holders who had been granted permits by the Transport Authorities on the date of publication on the basis of inter-State agreements entered into by the Government of any other State provided that the operators on such route shall not be permitted to operate on the routes which overlap any portion of the notified routes. The Government further modified the approved scheme on 31.3.2000 under section 102(1) of the Act of 1988. A provision was made for operation of the services by permit- holders who had been granted permits to ply their vehicles on inter-State routes, with a condition not to pick up or set down the passengers on any portion of the routes overlapping the notified routes.
(2.)The question involved in the appeals is whether the State Government while modifying the scheme under Section 102 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act of 1988') is required to assign reasons while modifying the existing scheme. The High Court of Karnataka has quashed the orders modifying the scheme called Bellary Scheme notified in the Gazette dated 26.7.2003; Kolar Scheme notified on 7.11.2003; Bangalore and Kanakpura Plans as notified on 11.11.2003, modification of the scheme called Mysore Scheme, BTS Scheme by notification dated 31.5.2007.
(3.)The Bellary Scheme was initially notified on 31.10.1962 by Karnataka State Road Transport Corporation, Bangalore, (for short 'KSRTC') under section 68C of the Motor Vehicles Act, 1939 (hereinafter referred to as 'the Act of 1939') by which it was proposed to operate stage carriage services on 86 routes in Bellary sector for the purpose of providing efficient, adequate, and economical road transport services. The Government approved the scheme and published it in the Gazette dated 18.4.1964. The scheme provided for operation of services by the State Transport Undertakings only and no exemption had been provided therein for operation of services by the State Transport Undertakings of other States and the existing inter-State private operators. The said Scheme was modified on 10.1.1980 under section 68E of the Act of 1939 providing for operation of services by permit-holders who had been granted permits by the Transport Authorities on the date of publication on the basis of inter-State agreements entered into by the Government of any other State provided that the operators on such route shall not be permitted to operate on the routes which overlap any portion of the notified routes. The Government further modified the approved scheme on 31.3.2000 under section 102(1) of the Act of 1988. A provision was made for operation of the services by permit- holders who had been granted permits to ply their vehicles on inter-State routes, with a condition not to pick up or set down the passengers on any portion of the routes overlapping the notified routes.
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