A.P.S.R.T.C. versus REGIONAL TRANSPORT AUTHORITY AND ORS.

A.P.S.R.T.C. versus REGIONAL TRANSPORT AUTHORITY AND ORS.

Exception 2 of the Scheme restrictively applies only to existing town service operators on notified routes, excluding fresh or future applicants from getting permits. The Scheme thus completely excludes all private operators, including those on overlapping town service routes, except as specified for existing services.

Parties
Appellant: A.P.S.R.T.C.; Respondent: Regional Transport Authority and Ors.; Respondent: Respondent No. 3
Jurisdiction
India
Judgment Date
28 April 2005
Procedural Posture
Civil Appeal / Constitution Bench Reference and Final Decision
Outcome
Appeals allowed; Reference answered
Legal Topics
Nationalization of Transport Services, Issue of Stage Carriage Permits, Interpretation of Exceptions in Transport Schemes
Transport Law Administrative Law Nationalization of Transport Services Issue of Stage Carriage Permits Interpretation of Exceptions in Transport Schemes

Case Brief

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Parties

A.P.S.R.T.C.

Appellant

Regional Transport Authority and Ors.

Respondent

Respondent No. 3

Respondent

Procedural Posture

Civil Appeal / Constitution Bench Reference and Final Decision

Legal Issues

  1. 1 Whether, under a nationalized mofussil transport scheme, private operators can be granted permits on notified town service routes or portions thereof
  2. 2 Whether Exception 2 ('the existing town services operating on the notified routes') includes only existing operators or also fresh/future applicants

Ratio Decidendi

Exception 2 of the Scheme restrictively applies only to existing town service operators on notified routes, excluding fresh or future applicants from getting permits. The Scheme thus completely excludes all private operators, including those on overlapping town service routes, except as specified for existing services.

Court Disposition

Appeals allowed; Reference answered

Orders

  • Impugned judgment of the Full Bench of Andhra Pradesh High Court set aside
  • Permits for town services operating on notified routes to be issued only to existing operators; fresh or future applicants not eligible