PANNA CHAND JAIN - (1.) THESE writ petitions involve common questions of law and almost identical facts and, as such, are being disposed of by this common order.
(2.) FOR deciding these three writ petitions I shall take into consideration the facts of S.B. Civil Writ Petition No. 1638, Yadu Raj Singh v. The State Raj. and Ors. The controversy lies in a narrow compass and may be stated thus: The petitioner is a holder of one non -temporary stage carriage permit on Bharatpur -Dholpur via Sapau route bearing No. RTA/85/5183 valid upto 11th March, 1990, in respect of Vehicle No. RSD 2551. The petitioner, Beni Singh, in S.B. Civil Writ Petition No. 1640/1986, is a holder of one non -temporary stage carriage permit on Bharatpur -Basedi via Ghana, Malah. Sewar, Uchhain, Kheriamod, Rundhawal, Bandbaretha route in respect of Vehicle No. RSD 3729, and the permit of the petitioner in that case is valid upto 20th March, 1987. Petitioner Daudayal in S.B. Civil Writ Petition No. 1641/1986 is also holding one non -temporary stage carriage permit No. RTA/ 85/5156 for the route Bharatpur -Dholpur via Jagner valid upto 3rd February, 1988, in respect of Vehicle No. RST 8765. The Motor Vehicles Act, 1939 has been amended by Act No. 100 of 1956, by which Chapter IV -A has been added. Thereafter by an Act No. 56 of 1969 certain amendments have been made in the Act. Section 68C provides for the preparation and publication of scheme of Road Transport Services of a State Transport undertaking, which runs as under: 68C. Preparation and publication of scheme of road transport service of a State Transport Undertaking: Where any State Transport Undertaking is of opinion that for the purpose of providing an efficient, adequate economical and properly coordinated road transport service, it is necessary in the public interest that road transport services in general or any particular class of such service in relation to any area or route or portion thereof should be run and operated by the State Transport Undertaking, whether to the exclusion, complete or partial, of other persons or otherwise, the State Transport Undertaking may prepare a scheme giving particulars of the nature of the service if proposed to be rendered, the area or route proposed to be covered and such other particulars respecting there to as may be prescribed, and shall cause every such scheme to be published in the official gazette and also in such other manner as the State Government may direct.
(3.) SECTION 68 -D, which is reproduced below, deals with draft scheme. It provides that draft scheme is required to be published in the official gazette and atleast in one newspaper in regional language circulating in the area or route which is proposed to be covered by the scheme. Objections under Section 68D may be filed by any person likely to be affected by the scheme. Such a person is required to file objection within 30 days from the date of publication of the scheme in the official gazette. Objections are required to be filed before the State Government: 68 -D. Objection to the scheme -(1) on the publication of any scheme in the official gazette and not Jess than one newspaper in regional language circulating in the area or route which is proposed to be covered by such scheme: (i) any person already providing transport facilities by any means along or near the area or route proposed to be covered by the scheme; (ii) any association representing persons interested in the provision of road transport facilities recognised in this behalf by the State Government; and (iii) any local authority or police authority within whose jurisdiction any part of the area or route proposed to be covered by the scheme lies; may within thirty days from the date of its publication in the official gazette, file objection to it before the State Government. ;