Judgment

GAJENDRAGADKAR, C.J.I. : The short but important point of law which has been raised for our decision in this appeal by special leave is whether G. O. No. 1298 issued by the Government of Madras on April 28, 1956 in exercise of its powers conferred by S. 43A of the Motor Vehicles Act, 1939 (Central Act IV of 1939) (hereinafter called the Act) inserted by the Madras Amending Act 20 of 1948, is valid. Mr. Mohan Kumara Managalam who appears for the appellant contends that the impugned Government order is invalid for the simple reason that it is outside the purview of S. 43A. The impugned order was issued as early as 1956 and since then, its validity has never been impeached in judicial proceedings. Litigation in regard to the grant of permits under the relevant provisions of the Act has figured prominently in the Madras High Court in the form of writ petitions invoking the said High Court s jurisdiction under Art. 226 of the Constitution and several aspects of the impugned order have come to be examined. The echoes of such litigation have frequently been heard in this Court and this Court has had occasion to deal with the impugned order, its character, its scope and its effect;