Judgement

IMAM, J. : This appeal comes before us on a certificate granted by the Madras High Court that the case was a fit one for appeal to this Court as it involved two important questions, namely, the powers of the Government under S. 64-A, Motor Vehicles Act, 1939, as amended by the Motor Vehicles (Madras Amendment) Act, 1948 for the State of Madras (hereinafter referred to as the Act), to interfere with the orders of Subordinate Transport Authorities on the ground of property and the limits of judicial review which the courts have under Art. 226 of the Constitution of India.

2. The appellant and respondent 2 had applied for stage-carriage permits in the Mayuram Town Service for routes Nos. 1 and 2. These applications, along with others, were considered by the Regional Transport Authority, Tanjore. By its order dated 31-5-1954, it granted a permit for route No. 1 to the appellant and for route No. 2 to respondent 2.

Both the appellant and respondent 2 being dissatisfied appealed under S. 64 of the Act to the appropriate authority, the Central Road Traffic Board (hereinafter referred to as the Board), but the appeals were dismissed by its order dated 18-8-1954. As S. 64-A conferred