Abdul Hai Khan vs Subal Chandra Ghose & Ors

The Supreme Court granted leave in multiple civil appeals concerning private stage carriage operators in West Bengal, challenging the Calcutta High Court's ruling that deemed the 1980 Notification ultra vires Section 68C of the Motor Vehicles Act, 1939. The Court upheld the High Court's decision, emphasizing that the 1980 scheme had not been operational for a significant time and applied the doctrine of 'Desuetude', allowing the Regional Transport Authority to consider permit applications as if the 1980 scheme was no longer in force. The judgment clarified that any notification contrary to statutory provisions is invalid and inoperative.