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october 1985

Supreme Court of India · 1985-10-17

ADARSH TRAVELS BUS SERVICE & ANR. vs STATE OF U.P. & ORS.

Citation / case number
SC 1976/60933
Court
Supreme Court of India
Petitioner
ADARSH TRAVELS BUS SERVICE & ANR.
Respondent
STATE OF U.P. & ORS.
Bench
REDDY, O. CHINNAPPA ,VENKATARAMIAH, E.S. ,ERADI, V. BALAKRISHNA ,MISRA, R.B. ,KHALID, V.

Judgment text excerpt

The Supreme Court held that under Sections 68B, 68C, and 68D of the Motor Vehicles Act, 1939, private operators cannot ply stage carriages on nationalised routes, even if they have overlapping permits, due to the absence of a saving clause in the schemes. The Court emphasized that the schemes must prioritize the interests of the travelling public, which justifies the prohibition of private operators on notified routes. Consequently, the appeals were dismissed, affirming the total prohibition of private operators from operating on nationalised routes.

ADARSH TRAVELS BUS SERVICE & ANR. vs STATE OF U.P. & ORS. · Niyam