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PETITIONER: H. C. NARAYANAPPA AND OTHERS
Vs.
RESPONDENT: THE STATE OF MYSORE AND OTHERS.
DATE OF JUDGMENT: 28/04/1960
BENCH: SHAH, J.C. BENCH: SHAH, J.C. SINHA, BHUVNESHWAR P.(CJ) IMAM, SYED JAFFER SARKAR, A.K. SUBBARAO, K.
CITATION: 1960 AIR 1073 1960 SCR (3) 742 CITATOR INFO : F 1961 SC 82 (6,14) D 1963 SC1047 (28) R 1974 SC 669 (9) R 1977 SC 441 (24) R 1978 SC 215 (30) R 1981 SC 711 (7) RF 1986 SC1785 (5) R 1992 SC1888 (8)
ACT: Transport Business-Stage carriages-Exclusion of Private operators-Competence of Parliament to create monopolies- Grant of monopoly to State for transport business-Scheme framed by State for State Transport, Undertaking Legality--Motor Vehicles Act, 1939 (IV of 1939), Ch. IVA, ss. 68C, 68D (2)-Constitution of India, Arts. 12, 13(3)(a) 19(1)(g), 19(6), 298, Seventh Schedule, List II, entry 26, List III, entries 21, 35.
HEADNOTE: In exercise of the powers conferred by s. 68C of the Motor- Vehicles Act, 1939, the General Manager of the Mysore Government Road Transport Department published a scheme for the exclusion of private operators on certain routes in a specified area and reservation of those routes for the State Transport Undertaking. The scheme was approved by the Government under s, 68D(2) of the Act after the Chief...