R RAGHAVAN Vs. MYSORE STATE ROAD TRANSPORT CORPORATION

JUDGEMENT

(1.) The petitioner who is an operator of stage carriage services prays for the issue of a writ directing the respondent Mysore State Road Transport Corporation to pay him a sum of Rs.8,400, being the compensation claimed as payable by the respondent to the petitioner in respect of cancellation of two of his permits by the Regional Transport Authority, Mysore, in purported exercise of the power under S.68-F(2) of the Motor Vehicles Act for giving effect to a scheme for nationalisation of transport services, popularly known as the Mysore Scheme.

(2.) Mr. Appa Rao for the M.S.R.T.C. contends that the case does not come directly within clauses (b) and (c) of S.68-F(2) in which case alone compensation is payable by the M.S.R.T.C. under S. 68-G of the Motor Vehicles Act. Mr. Nagesh Rao for the petitioner contends that it is not open to the M.S.R.T.C. to raise any such contention, because the order of the Regional Transport Authority, Mysore expressly refers to action taken under S.68F(2) . The order itself, however, does not refer to any particular clause of the said sub-section.

(3.) The basic question of fact, therefore, on which the liability of the M.S.R.T.C. rests is not admitted, but is disputed.