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Gullapalli Nageswara Rao and ors. Vs. Andhra Pradesh State Road Transport Corporation and anr. - Court Judgment

LegalCrystal Citation
Overruled ByMakhan Singh v. State of Punjab
SubjectConstitution
CourtSupreme Court of India
Decided On
Judge
Reported inAIR1959SC308; [1959]Supp1SCR319
ActsConstitution of India - Articles 19(1) and 32; Motor Vehicles Act, 1939 - Sections 68-A and 68-C; ;Motor Vehicles (Amendment) Act, 1956; Road Transport Corporation Act, 1950; Bihar Land Reforms Act, 1950
AppellantGullapalli Nageswara Rao and ors.
RespondentAndhra Pradesh State Road Transport Corporation and anr.
Books referredRobson in 'Justice and Administrative Law'; Principles of Administrative Law' by Griffith and Street
Excerpt:
motor vehicles act ss 68c,68d constitution of india, art. 31 nationalization of road transport - state transport undertaking proposed the scheme and government approved it. procedure, if violative of fundamental rights-scheme, if ultra vires-state government, if must act judicially in approving the scheme-'colourable legislation'-- meaning of. - order87. in view of the opinion of the majority the order approving the scheme is hereby quashed and a direction issued to the first respondent to forbear from taking over any of the routes in which the petitioners are engaged in transport business. this will not preclude the state government from making the necessary enquiry in regard to the objections filed by the petitioners in accordance with law. the petitioners will have liberty to file additional objections, if any. the parties to bear their own costs.
Judgment:
ORDER

87. In view of the opinion of the majority the order approving the scheme is hereby quashed and a direction issued to the first respondent to forbear from taking over any of the routes in which the petitioners are engaged in transport business. This will not preclude the State Government from making the necessary enquiry in regard to the objections filed by the petitioners in accordance with law. The petitioners will have liberty to file additional objections, if any. The parties to bear their own costs.


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