Judgement

RAGHUBAR DAYAL, J.:- This appeal, on certificate granted by the High Court of Patna, raises the question whether S. 64-A of the Motor Vehicles Act as introduced by the Motor Vehicles (Bihar Amendment) Act, 1949 (Bihar Act XXVII of 1950), hereinafter referred to as Bihar S. 64-A, was not applicable to proceedings for grant of permit for inter-State routes. This question, however, was decided by this Court in Shyamlal Kumar Pasari v. Abdul Ghafoor, Civil Appeal No. 306 of 1964, D/- 4-5-1964 (SC). It was held that it was applicable to cases of stage-carriage permits for inter-State routes.

2. The respondent prayed, in view of the observations in Abdul Mateen v. Ram Kailash Pandey, (1963) 3 SCR 523, for permission to challenge the validity of the aforesaid section on the ground that Parliament, by the Motor Vehicles (Amendment) Act, 1956 (Act No. 100 of 1956), has introduced another S. 64-A in the Motor Vehicles Act, 1939 (Act IV of 1939), hereinafter referred to as Central S. 64-A and that thereby Bihar S. 64-A must be taken to have been repealed by necessary implication.

3. The question arises in this way. The appellant Tansukh Rai Jain, was one of the applicants for the stage