J.C.SHAH, J. - (1.) THE State of Uttar Pradesh decided to nationalise the Delhi-Saharanpur inter-State route and published a scheme in that behalf under Section 68-C of the Motor Vehicles Act, 1939. After hearing the objections of persons affected, the scheme was published in the Official Gazette of the State Government under Section 68-D(3) on 29-9-1959. Thirty-two permit-holders applied to the High Court at Allahabad for quashing the scheme.
(2.) A Single Judge of the High Court, held that there were certain defects in the proceeding taken by the Government under Chapter IV-A of the Motor Vehicles Act in sanctioning the scheme and proceeded to order that "the Notification dated 29-9-1959 under Section 68-D could not stand so far as the 32 petitioners were concerned". He proceeded then to observe: "The notification indicates that it hits about 46 persons in all. The scheme as sanctioned ought not to be enforced against the present petitioners at least. The State Government may be left to enforce it, if it is so desired, against persons other than the present petitioners." The learned Judge then ordered that: "The State Government of Uttar Pradesh is directed not to enforce the Notification dated 29-9-1959 against the 32 petitioners. The State Government will be at liberty to hold a fresh enquiry under Section 68-D of the Motor Vehicles Act on the basis of the original proposal in accordance with law." Encouraged by the order made in the petitions filed by 32 petitioners, another batch of 18 transport operators applied to the High Court of Allahabad for quashing the scheme. The same learned Judge who had dealt with the original petitions heard those petitions and passed the order that: "For reasons given in my judgment dated 31-10-1961 these 18 petitions have also to be allowed in part. It is not necessary to interfere with the notification issued under Section 68-C of the Act. It will be sufficient if the Notification dated 29-9-1959 is quashed so far as the present 18 petitioners are concerned. These 18 petitions are disposed of accordingly. The State of UP. is directed not to enforce the Notification dated 29-9-1959 under Section 68-D of the Motor Vehicles Act against the present 18 petitioners."
(3.) THE two appellants in these appeals who did not hold at the relevant time any transport permits, applied on 5-2-1962 for permits on the route covered by the scheme published on 29-9-1959. Their applications were rejected by the Regional Transport Authority by order and the orders were confirmed in appeal.;