Ashfaq Ullah Vs. State of U.P. and ors.

Ashfaq Ullah vs State of U.P. and ors.

Disposition Writ petition disposed Court Supreme Court of India Decided Jan 07, 1987

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Citation: sooperkanoon.com/658873
Court: Supreme Court of India
Judge: E.S. Venkataramiah; K.N. Singh, JJ.
Decided On: Jan 07, 1987
Case Number: Writ Petition (Civil) No. 1239 of 1986
Subject: Motor Vehicles
Disposition: Writ petition disposed

Case Summary

AI-generated summary - not the official court judgment text.

- [ E.S. Venkataramiah; K.N. Singh, JJ.] -- Motor Vehicles Act, 1939 — Sections 68-C and 68-D — Notification punishing draft scheme under Section 68-C quashed on ground of unexplained inordinate delay in publishing approved scheme under Section 68-D -- Admittedly, the scheme was published under Section ...

Key legal issue: Motor Vehicles
Outcome / disposition: Writ petition disposed
Acts & sections: Motor Vehicles Act, 1939 - Section 68(c)

Parties & Advocates

Appellant / Petitioner

Ashfaq Ullah

Respondent

State of U.P. and ors.

Legal References

Acts: Motor Vehicles Act, 1939 - Section 68(c)
Reported In: 1987Supp(1)SCC38

Excerpt

- [ e.s. venkataramiah; k.n. singh, jj.] -- motor vehicles act, 1939 - sections 68-c and 68-d - notification punishing draft scheme under section 68-c quashed on ground of unexplained inordinate delay in publishing approved scheme under section 68-d -- admittedly, the scheme was published under section 68-c of the motor vehicles act, 1939 under notification no. 1190-a/xxx-a-872-65 dated september 26, 1967 in the year 1967 in respect of routes we, therefore, following the several decisions already rendered by this court quash the impugned notification in which the draft scheme was published, reserving the liberty to the u.p. state road transport corporation to publish a fresh scheme, if it is so advised, in respect of the routes in question.e.s. venkataramiah; k.n. singh, jj.1. we have heard learned counsel for both the parties. admittedly, the scheme was published under section 68-c of the motor vehicles act, 1939 under notification no. 1190-a/xxx-a-872-65 dated september 26, 1967 in the year 1967 in respect of routes(i) banda-baberu-attarra,(ii) banda-baberu-kamasin and(iii) banda-baberu-augesi and the approved scheme has not been published either with or without modification under section 68-d of the act. we are not satisfied with the explanation given on behalf of the respondents for the inordinate delay in finalising the proceedings pursuant to the draft scheme which was published in the year 1967. we, therefore, following the several decisions already rendered by this court quash the impugned notification in which the draft scheme was published, reserving the liberty to the u.p. state road transport corporation to publish a fresh scheme, if it is so advised, in respect of the routes in question. if the corporation or any of the parties has been issued any permit under section 68-f(1-a) or 68-f(1-c) of the act, as the case may be, they are permitted to operate their services under those permits till the expiry of july 10, 1987.2. the writ petition is disposed of accordingly.

Full Judgment

E.S. Venkataramiah; K.N. Singh, JJ.

1. We have heard learned counsel for both the parties. Admittedly, the scheme was published under Section 68-C of the Motor Vehicles Act, 1939 under Notification No. 1190-A/XXX-A-872-65 dated September 26, 1967 in the year 1967 in respect of routes

(i) Banda-Baberu-Attarra,

(ii) Banda-Baberu-Kamasin and

(iii) Banda-Baberu-Augesi and the approved scheme has not been published either with or without modification under Section 68-D of the Act. We are not satisfied with the explanation given on behalf of the respondents for the inordinate delay in finalising the proceedings pursuant to the draft scheme which was published in the year 1967. We, therefore, following the several decisions already rendered by this Court quash the impugned notification in which the draft scheme was published, reserving the liberty to the U.P. State Road Transport Corporation to publish a fresh scheme, if it is so advised, in respect of the routes in question. If the Corporation or any of the parties has been issued any permit under Section 68-F(1-A) or 68-F(1-C) of the Act, as the case may be, they are permitted to operate their services under those permits till the expiry of July 10, 1987.

2. The writ petition is disposed of accordingly.

Same Court & Year Supreme Court of India · 1987 Same Parties Ashfaq Ullah vs State of U.P. and ors. Same Subject Motor Vehicles Same Judge E.S. Venkataramiah; K.N. Singh, JJ. Acts & Sections Motor Vehicles Act, 1939 - Section 68(c)

Motor Vehicles