SINDHI SAHITI MULTIPURPOSE TRANSPORT CO-OPERATIVE SOCIETY LTD. BHOPAL Vs. STATE OF M.P.

JUDGEMENT

(1.) This petition under Articles 226 and 227 of the Constitution is directed against -(i) an order dated 21 -9 -1974 whereby S.V.H. Pagare. Special Secretary to the Government of Madhya Pradesh, Home Department, disposed of the objection; preferred against the proposed Scheme No.9 M, relating to Road Transport Nationalisation as prepared under section 68 -C of the Motor Vehicles Act, 1939, (hereinafter called the Act') by the Madhya Pradesh State Road Transport Corporation (hereinafter referred to as the Corporation') and (ii) the final publication of the approved scheme in the State Gazetted dated 11th October, 1974 as required by section 68 -D of the Act. Thus, the petitioner has prayed for issue of a writ of certiorari for purposes of quashing the aforementioned order and the notification and in addition it has also prayed for issue of a writ of mandamus restraining the respondents from acting upon Scheme No. 9 M and to give effect to the same.

(2.) FACTS , in brief, leading to the present petition are that the Corporation (respondent No.6). which has been established by the Government of Madhya Pradesh under section 3 of the Road Transport Corporation Act, 1950 (No. 64 of 1950) had proposed Scheme No 9 earlier for nationalisation of road transport services on the routes mentioned in that scheme which was later approved by the State Government under section 68 -D(2) of the Act and was published in the M P. Raj Patra dated 12th February, 1965 under section 68 -D (3) of the Act and came into force In that scheme highway from Jabalpur to Sagar was reserved for exclusive operation by the vehicles of the Corporation but on the portion between Nohta. Abhana, Darnah and Garhkota conjoint operations were permitted along with private operators. Subsequently; a modified Scheme No. 9 -M (Annexure C) was proposed by the Corporation (respondent No.6) under section 68 -E or the Act which was published in M.P. Raj Patra dated 7th December. 1973. By this proposed scheme the Corporation (respondent No. 6) proposed to eliminate conjoint operations on the portions Nohta -Garhakota as was permissible under the earlier Scheme No.9 so as to cover the entire route Jabalpur to Sagar for its own exclusive operation In addition the modified proposed scheme also included Pathariya -Garhakota Damoh and Jabalpur -Sagar via Rehli -Garhakota routes. That scheme has been approved by respondent No.2 vide its impugned order (Annexure -K) after hearing the petitioner and other objectors. and also published under section 68 -D (3) by the State Government in the Raj Patra (Annexure -L) as an approved scheme.

(3.) THE approved scheme under Chapter IV -A of the Act is law within the meaning of Article 358 of the Constitution has been settled by a decision of the Supreme Court in H.C. Nararyanappa and others v. State of Mysore and others AIR 1960 SC 1073. Therefore, in toe changed circumstances referred to as the basis of the preliminary objection, we arc of opinion that it is not open to the petitioner either to challenge the scheme being ultra vires or otherwise as it is protected by Article 31 -B of the Constitution and on account of Chapter IV -A being now included in the Ninth Schedule.