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Nagesh, submitted that the permit of the petitioners are saved under the modified scheme of The Tribunal wrongly applied the Bangalore Scheme under the notification dated The modified scheme in unequivocal terms speaks about the exemption to operate the services notwithstanding anything contained in the modified Shimoga Scheme, the Tribunal ought to have interpreted the modified scheme considering the language employed therein.
The learned counsel placed reliance on the notification issued by the Government of Karnataka dated This phrase not being found in the present Shimoga Scheme, a bare reading of the notification makes it clear that the permit holders shall not pick up or set down passengers on the portion of the routes lying in the notified routes whereas the Sirsi bus stand comes within the notified route of Shimoga Scheme.
HD 71 2 TMP 64 dated In exercise of the powers conferred by sub-Section 1 of Section of the Act, the Government of Karnataka having considered it necessary in the public interest, so to do, modified the Shimoga Scheme, along with Hubli- Dharwad Scheme, Dharwad-Uttarakannada scheme, Bangalore Scheme and Chitradurga-Davangaere scheme. The proposed modification was published in the official gazette dated HD 71 2 TMP 64 datedin the entries corresponding to item dafter - 25 - clause fthe following shall be and shall always be deemed to have been inserted from the date of publication of the above scheme in the official gazette namely:- g "In the case of permits already granted and issued by the Transport Authorities and permits pending for renewal, to operate on Inter-State, Inter-District, Intra- District and city services, routes overlapping the road Section of the notified routes lying in Shimoga scheme as on are exempted to operate their services not withstanding anything contained in Shimoga scheme, with a condition that they shall not pick-up or set down passengers on the portion of the routes lying in the notified routes.