1974 INSC 0218
                          Ali Ahmad and Sons, Bus Operators, Kothi Road, Rewa

                                                           Vs

                                    M/S. Ramgopal Satya Narain and Others

                                          Civil Appeal No. 885 of 1968

                                        (CJI A. N.Ray, K. K. Mathew JJ )

                                                      06.08.1974

                                                     JUDGMENT

MATHEW, J. -

1. The appellant is a firm. It held a stage carriage permit from Shahdol to Manendragarh, a
route covering a distance of about 82 miles. The appellant applied to the Regional Transport
Authority for extension of the permit up to Rewa. The application was allowed. An appeal field
against the order was dismissed. But the extension of the Rewa quashed by the High Court. It is
from the order of the High Court appeal, by special leave has been filed.

2. Mr. Phadke, appearing for the respondent, raised a preliminary objection to the maintainability of
the appeal. He said that the Madhya Pradesh State Road Transport Corporation had published a draft
scheme on September 3, 1971, under which the route from Shahdol to Rewa has been proposed to
be nationalised, and that under Section 68F(1D) of the Motor Vehicles Act, 1939, no permit shall be
granted or renewed during the period intervening between the date of the publication under Section
68C of any scheme and the date of the publication of the approved scheme in favour of any person
in relation to a route covered by the scheme, and that the proviso to Section 68F(1D) is not attracted
as the permit of the appellant for the extended route had already expired before the publication of
the scheme.

3. Section 68F (1D) provides :

Save as otherwise provided in sub-section (1A) or sub-section (1C), no permit shall be granted or
renewed during the period intervening between the date of publication, under Section 68C of any
scheme and the date of publication of the approved or modified scheme, in favour of any person for
any class of road transport service in relation to an area or route or portion thereof covered by such
scheme :

Provided that where the period of operation of a permit in relation to any area, route or portion
thereof specified in a scheme published under Section 68C expires after such publication, such
permit may be renewed for a limited period, but the permit so renewed shall cease to be effective on
the publication of the scheme under sub-section (3) of Section 68D.

4. So, even if this Court were to allow the appeal, it cannot grant or direct the grant of an extension
of the permit from Shahdol to Rewa. Therefore, this appeal has become infructuous and we dismiss
it. We make no order as to costs.
</html