Judgement

WANCHOO, J.: These appeals by special leave raise common questions and will be dealt with together. We shall set out the facts in C. A. 363 to understand the questions raised in these appeals. The Regional Transport Authority, South Arcot granted a stage carriage permit on the route Kumbakonam to Neiveli to the first respondent out of a large number of applicants. This led to seven appeals against the grant of the permit before the State Transport Appellate Tribunal. Those seven appeals were heard together by the Appellate Tribunal and it set aside the order of the Transport Authority granting the permit to the first respondent and instead granted the permit to the appellant. This was on August 7, 1962. Thereupon the first respondent filed a writ petition in the High Court at Madras challenging the order of the Appellate Tribunal. This writ petition came up for hearing on March 5, 1964 before a learned Single Judge. On the same date, this Court decided in B. Rajagopala Naidu v. State Transport Appellate Tribunal, 1964-7 SCR 1: that Government Order No. 1298 issued by the Government of Madras under S. 43-A as introduced by the Madras Amending Act No. XX of 1948 in the Motor