Pydichatti Naidu (Dead) by LRS Vs. A.P.S.R.T.C. & ANR.  INSC 1646 (9
APPELLATE JURISDICTION CIVIL APPEAL NO.6915 OF 2009 (Arising out of S.L.P. (C)
No.6084 of 2005) K. Pydichatti Naidu (Dead) Thr. L.Rs. ...Appellant(s) Versus
A.P.S.R.T.C. & Anr. ...Respondent(s)
O R D E R
consent, the matter taken up for hearing and disposed of. By judgement reported
in the case of Andhra Pradesh State Road Transport Corporation vs. Regional Transport
Authority & Anr. (2005 (4) S.C.C.391), the Constitution Bench of this Court
took the view that all private operators, including those operating on town
service routes, shall stand excluded from the Scheme, subject to certain
exceptions. The Constitution Bench thereafter remitted the case to the Division
Bench of the High Court to consider whether the case of the operator came
within the exception.
dated 26th July, 2005, the Division Bench in case of Regional Manager,
A.P.S.R.T.C. vs. G. Hanumantha Rao & Ors. (Civil Appeal No.1674 of 1996)
came to the conclusion that only existing operators on the ...2/- - 2 -
notified routes were eligible for permits. However, a caveat was added, namely,
that in case of fresh or future applicants falling in certain excluded
categories, the operators would be eligible for permits. Applying the above
test, the Division Bench remitted the case to the High Court.
the same principle in this case also, we remit the case to the High Court to
ascertain whether the case of the appellant falls within the exceptions carved
out in the judgement of this Court in Regional Transport Authority & Anr.
appeal stands disposed of accordingly.
as to costs.
......................J. [S.H. KAPADIA]
......................J. [AFTAB ALAM]
October 09, 2009.