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2005 DIGILAW 1175 (SC)

REGIONAL MANAGAR, A. P. SRTC, GUNTUR v. G. HANUMANTHA RAO

2005-07-26

ARIJIT PASAYAT, H.K.SEMA

body2005
ORDER 1. Delay condoned. 2. Substitution allowed. 3. All these appeals and special leave petitions are taken up for disposal as the controversy involved is more or less similar. A Constitution Bench in A.P. SRTC v. RTA considered the following issues: (SCC p. 395, para 3) b " 3.(1) The Scheme covers mofussil service and provides for total exclusion of private operators including operators on town service routes. Even routes overlapping with the notified mofussil service stood covered. In view of this is it permissible for the Regional Transport Authority to grant permits to private operators on the notified town service routes or portions thereof? c (2) Exception 2 in the note appended to the Scheme is: 'the existing town services operating on the notified routes'. Does the exception relate only to existing town services operating on the notified routes meaning thereby that fresh or future applicants for grant of permit are excluded?" 4. In the appeals which were considered by the Constitution Bench, primary challenge was to the correctness of a Full Bench decision of the I Andhra Pradesh High Court. The Constitution Bench held that under Exception 2 contained in the Note appended to the Scheme in which permits can be issued only to the existing town services operating on the notified roots. This means only existing operators on the notified routes are eligible for permits. Fresh applicants or future applicants are totally ineligible for getting permits for town services operating on notified routes. 5. It is accepted by learned counsel for the parties that in various schemes, certain excluded categories are indicated. Whether the fresh applicants or future applicants belong to any of the excluded categories is a matter which is to be factually determined in each case. In the instant cases, that does not appear to have been done by the High Court. 6. That being the position, we remit these matters to the High Court for a fresh consideration keeping in view the judgment of the Constitution Bench and to decide whether the plea of the applicants that they belong to any of the excluded categories is correct. We make it clear that we have not expressed any opinion on these factual aspects. As the 'matters are pending since long, we request the High Court to take up the matters for disposal as early as practicable, preferably within six months from today. 7. We make it clear that we have not expressed any opinion on these factual aspects. As the 'matters are pending since long, we request the High Court to take up the matters for disposal as early as practicable, preferably within six months from today. 7. All the appeals and special leave petitions are disposed of accordingly.