(1.) I have the benefit of reading the judgment prepared by my esteemed brethren Sawant and K. Ramaswamy, JJ. Brother Sawant has taken the view that S. 20 of the Karnataka Act has not become void with the enforcement of the Motor Vehicles Act, 1988, while brother K. Ramaswamy has come to thecontrary conclusion. Agreeing with the conclusion of Sawant, J. , I have not found it possible to concur with Ramaswamy, J. Since an interesting question has arisen and in looking to the two judgments I have found additional reasons to support the conclusion of Sawant, J. , I proceed to indicate the same in my separate judgment.
(2.) These applications under Article 32 of the Constitution by a group of disgruntled applicants for contract carriage permits call in question action of the concerned transport authorities in not entertaining their applications under the provisions of the Motor Vehicles Act, 1988.
(3.) Motor Vehicles Act (4 of 1939) made provision for grant of contract carriage permits. The Karnataka Contract Carriages (Acquisition) Act, 1976 (Karnataka Act 21 of 1976) received assent of the President on 11/03/1976, but was declared to have come into force from 30/01/1976, when the corresponding Karnataka Ordinance 7 of 1976 had come into force. The long title of the Act indicated that it was an Act to provide for the acquisition of contract carriages and for matters incidental, ancillary or subservient thereto, and the preamble stated:
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