S. ABDUL KHADER SAHEB versus THE MYSORE REVENUE APPELLATE TRIBUNAL, BANGALORE & ORS.

S. ABDUL KHADER SAHEB versus THE MYSORE REVENUE APPELLATE TRIBUNAL, BANGALORE & ORS.

Since the Bellary scheme provided for nationalisation of an intra-state route (Bellary to Chintakunta), and not an inter-state route, the proviso to s.68-D(3) did not apply and there was total exclusion of other operators except for inter-district operators and existing inter-state route permit holders. As the appellant did not fall within these exceptions, he was not entitled to a permit for the overlapping portion, and the state scheme prevailed over the inter-state agreement.

Parties
Appellant: S. Abdul Khader Saheb; Respondents: The Mysore Revenue Appellate Tribunal, Bangalore & Ors.; Respondent No. 7 Advocate: K. N. Bhatt; Respondent No. 8 Advocates: L. N. Sinha, Solicitor-General of India, Shyamala Pappu, J. Ramamurthi
Jurisdiction
India
Judgment Date
09 November 1972
Procedural Posture
Civil Appeals / Appeal by Special Leave From Mysore High Court
Outcome
Appeal dismissed
Legal Topics
Motor Vehicle Permits, Nationalisation of Transport Routes, Inter State Transport Agreements
Transport Law Administrative Law Motor Vehicle Permits Nationalisation of Transport Routes Inter State Transport Agreements

Case Brief

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Parties

S. Abdul Khader Saheb

Appellant

The Mysore Revenue Appellate Tribunal, Bangalore & Ors.

Respondents

K. N. Bhatt

Respondent No. 7 Advocate

L. N. Sinha, Solicitor-General of India, Shyamala Pappu, J. Ramamurthi

Respondent No. 8 Advocates

Procedural Posture

Civil Appeals / Appeal by Special Leave From Mysore High Court

Legal Issues

  1. 1 Whether the Bellary scheme provides for total exclusion of operators on nationalised routes under s.68-D of the Motor Vehicles Act, 1939.
  2. 2 Whether the proviso to s.68-D(3) requiring Central Government approval applies to the Bellary scheme.
  3. 3 Whether a State scheme of nationalisation under s.68-D prevails over an inter-state agreement in respect of overlapping routes.

Ratio Decidendi

Since the Bellary scheme provided for nationalisation of an intra-state route (Bellary to Chintakunta), and not an inter-state route, the proviso to s.68-D(3) did not apply and there was total exclusion of other operators except for inter-district operators and existing inter-state route permit holders. As the appellant did not fall within these exceptions, he was not entitled to a permit for the overlapping portion, and the state scheme prevailed over the inter-state agreement.

Court Disposition

Appeal dismissed

Orders

  • Appeals dismissed with costs to respondent No. 8.