NDLI: Nehru Motor Transport Co- Operative Society Ltd and Others Vs. The State of Rajasthan and Others

Nehru Motor Transport Co- Operative Society Ltd and Others Vs. The State of Rajasthan and Others

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Nehru Motor Transport Co- Operative Society Ltd and Others Vs. The State of Rajasthan and Others

Writ petition criminal

Nehru Motor Transport Co- Operative Society Ltd and Others Vs. The State of Rajasthan and Others

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Constitution of India article 14 32
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case Type	Writ Petition
Court	Supreme Court of India
Disposal Nature	Petition Dismissed
Headnote	Motor Vehicle-Publication of scheme-Scheme, if constitutionally valid-Motor Vehicles Act, 1939 (4 of 1939), ss. 68C, 68D (3)- Rajasthan State Road Transport Services (Development) Rules, 1960, r. 3...,.-Constitution of India, Arts. 14, 32.The petitioners were holders of Stage·carriage permits on Jodhpur-Bilara and Bilara-Beawar routes. The Rajasthan Roadways published a. draft scheme which provided for taking over the transport service on the Jodhpur- Bilara-Beawar-Ajmer route by the Roadways and also for taking over three over· lapping routes or portions thereof which were · entirely on Jodhpur-Bilara-Beawar-Ajmer road and the names of the permit-holders on these three Overlapping routes wlth their permits were also specified for cancellation and no other transport vehicles were to ply on the route to be taken over. The petitioners filed objection and challenged the scheme on the ground of discrimination before the Legal Remembrancer as some overlapping routes were not notified. He held that even though these routes were not specified in the draft scheme and no notice had been given to the permit holders thereof, it was open to him to render the permits ineffective with respect to these routes-also and passed orders accordingly. The permit holders affected by the order of tlie Legal Remembrancer filed writ petitions in the High Court. The high Court directed the Legal Remembrancer to go into the matter again and to leave the question of the twelve partially overlapping routes for a subsequent scheme. The effect of the decision of the Legal Remembrancer considered in the light of the decision of the High Court was that all the twelve partially overlapping routes were left out of the scheme and on.Iv the three route~ notified in the draft· scheme were affected. The present petition is directed against his decision approving the scheme as modified by him and published on August 31 , 1962. ln this Court it was urged (I) that the procedure of approving a part ·of the scheme once and another part later was illegal ;(ii) that the approval of the scheme by the Legal Remembrancer after abdication of his own judgment was not a valid approval ; (iii) that the Legal Remembrancer ought to have given a fresh hearing ab initio to the objectors ; '(iv) that there was no proper hearing and (v) that there was discrimination, as the operators of the twelve partially overlapping routes were left out of the scheme.Held, that as the twelve overlapping routes were never included in the draft scheme, the approval given to the draft scheme without touching these routes cannot be called an approval of a part of the scheme.Held, further that in the present case the order of the High Court was analogous to a remand order and therefore, the decision of the Legal Remembrancer must he treated as a fresh decision and not a review of his earlier decision and there · was no abdication by him of his functions. Held, further, that when the ohjectors had been given full opporlunity to lea
Judge	Honble Mr. Justice K.N. Wanchoo
Neutral Citation	1962 INSC 384
Petitioner	Nehru Motor Transport Co- Operative Society Ltd And Others
Respondent	The State Of Rajasthan And Others
SCR	[1964] 1 S.C.R. 220
Judgement Date	1962-12-14
Case Number	142

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