Ranganath Misra, J. - (1.) Both these appeals by special leave are against a common order of the Division Bench of the Karnataka High Court upholding the judgment of a learned single Judge in two writ petitions.
(2.) The short facts which led to filing of the two writ petitions in the High Court are these: The State Government of Karnataka framed a Scheme under Chapter IV-A of the Motor Vehicles Act, 1939, covering 89 intra-State routes commonly known as Kolar Pocket Scheme. It was modified from time to time but the scheme as last modified in January 1980 was in force when the dispute now under consideration arose. On 1-9-1975, an inter-State agreement between the States of Karnataka and Andhra Pradesh had been entered into in respect of the Bangalore (in Karnataka) - Punganur (in Andhra Pradesh) route which contemplated the running of one bus in the minimum and two at the most on the route. Around December 1980 Respondent No. 2 applied for grant of a temporary permit under S. 62(1)(c) of the Act. The State Transport Authority rejected the application by saying that as a part of the route over which the permit was asked for covered a route under the Kolar Pocket Scheme a temporary permit on that route could not be granted. Later the State Transport Undertaking made an application for grant of a similar temporary permit to which objection was raised by the Respondent No. 2. Overruling the objection and relying upon the provision of S. 68-FF of the Act the Transport Authority granted the temporary permit asked for. The rejection of the application of the respondent and the grant of the permit to the appellant became the subject-matter of the two writ petitions before the High Court.
(3.) A learned single-Judge of the High Court, after hearing the parties, allowed the two writ petitions, set aside the order granting the permit in favour of the State Transport Undertaking, appellant herein, and directed that a temporary permit be granted to the respondent No. 2 until a permanent permit was granted for the route or for a four months period whichever is later. The Division Bench having upheld the order of the learned single Judge these appeals have been carried after obtaining special leave.;