Full Judgment Text
IN THE SUPREME COURT OF INDIA
CIVIL 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
Leave granted.
By 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.
th
By order dated 26 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.
Following 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. (supra).
The civil appeal stands disposed of accordingly.
No order as to costs.
......................J.
[S.H. KAPADIA]
......................J.
[AFTAB ALAM]
New Delhi,
October 09, 2009.