- (1.) THIS is a petition under Article 226 of the Constitution seeking a direction to quash and set aside the order of respondent No. 1, State Transport Appellate tribunal, Jaipur, dated March 7, 1977, by which it has granted a temporary permit to respondent No. 3 on Kota-Mangrole route and to quash the permit issued to it.
(2.) A draft scheme under Section 68-C of the Motor Vehicles Act, 1939 (hereinafter called 'the Act') for nationalisation of a number of routes was published on April 24, 1973. One of the routes published (with which we are concerned) was Kota-Kasbathana via Tater. The distance between the Kota municipal limits and Tater is 6. 5 kilometers. The objections to the draft scheme came to be considered by the Joint Legal Remembrancer, who, by order dated may 7, 1976, approved the scheme with the modifications etc. mentioned in the said order. One of the points pressed before him was that as Tater is only at a distance of 6. 5 kilometers from the Municipal Council, Kota, overlapping by private buses up to Tatev, should be allowed. The said plea was accepted by him and he therefore held,--". . . . . in public interest, I consider it appropriate that upto Tater the buses of private operators shall be allowed to pass and there shall be no curtailments from the permits. To this extent these concessions shall be available not only to existing operators but to others also, who may be allowed to bifurcate their route from this traffic point. ". The said scheme was approved and published under Section 68-D of the Act on june 15, 1976. A further corrigendum was issued to the said notification by the government notification of July 16, 1976. As a consequence, cls. 4 and 5 of the scheme provided that excepting the State Transport Undertaking and State transport Undertakings of other States either under existing inter-State agreements or inter-State agreements to be entered into future and also operators on the existing amalgamated route of Kota-Khatoli-Gota-Piploda route and other routes which bifurcate from Tater, no other person will be entitled to ply stage carriage on this route.
(3.) A draft scheme under Section 68-C of the Act for the route Kota-Khatoli via tater-Dhabri has also been published on April 3, 1976 The said scheme has not yet been approved under Section 6-8-D of the Act.;