MYSORE STATE ROAD TRANSPORT CORPORATION Vs. MYSORE STATE TRANSPORT APPELLATE TRIBUNAL

JUDGEMENT

(1.) In these seven writ petitions by the Mysore State Road Transport corporation (hereinafter referred to as MSRTC) , the question raised for consideration is the nature and extent of the exclusion of private operators of stage carriages brought about by what is known as the Bangalore scheme for nationalisation of Road Transport which was notified on 7-6-1960, and the effect the same has on the permits for operating stage carriages held by the contesting respondents in these cases. One circumstance that is common to all these permits is that the routes covered by them overlap, to a distance of less than five miles or eight kilo metres, one or the other of the notified routes separately listed in clause (a) of paragraph 3 of the Scheme. There is, however, one point of difference between them also. The permits of private operators which are the subject of WP nos. 489 of 1969, 3299 of 1968, 490 of 1969, 492 of 1969 and 5490 of 1969 were in force even before the notification of the approved Scheme. These permits will hereafter be referred to as old permits. The permits held by private operators in WP. Nos. 2506 and 2859 of 1968 were those granted subsequent to the notification of the scheme. They will hereafter be referred to as the new permits.

(2.) The periods of currency of the old permits referred to above, were due to expire in March 1961. Applications were made by the operators for their renewal. By an order dated 4-1-1963, the permits were renewed for a period of three years commencing from the previous expiry thereof namely 1-4-1961. These renewals were not challenged by the MSRTC by way of appeal, revision or otherwise. Once again a further renewal for three years from 1-4-1964 was also granted and left unchallenged by the MSRTC.

(3.) On both the above occasions the renewals were subject to the condition that the operators should not pick up or drop passengers on that part of the route which overlaps any of the notified routes.