ORDER :- This is an application for the issue of a writ of certiorari, to call for the records of the State of Madras in G. O. Ms. No. 2224, Home Department, dated 9th July, 1953, and to quash the order passed by the Government.

2. The petitioner originally owned MDQ. 509 and has replaced it now by MDQ. 587. The 2nd respondent herein is the owner of MDQ. 531. Both the petitioner and the 2nd respondent applied for the issue of permits to run stage carriages along the route Kurnool to Anantapur, and they were granted permits accordingly. On 30th May, 1949, the Regional Transport Officer, Cuddapah fixed the timings tentatively. He also directed that the operators viz., the 2nd respondent and the petitioner should run their vehicles MDQ. 531 and 509 on the route Kurnool-Anantapur on a system of daily rotation. On 1st June, 1949, a notification was issued accordingly. It states that the buses should run on a system of daily rotation and that the rotation timings would be given effect from 1st June, 1949, starting with MDQ. 531. On 28th April, 1950, the Regional Transport Authority revised the timings. But he did not in any way alter the prior order fixing the system of daily rotation. On 28th May, 1932, the Regional Transport Authority went back upon his order dated 30th May, 1949. He passed the order in the following terms :

"In this office proceedings first cited, the buses MDQ. 531 and 587 on the route Kurnool-Anantapur were ordered to run in fixed timings starting at Kurnool by 6-30 A. M., and 9-00 A. M., respectively.

But it is brought to my notice that both are being run in daily rotation in the above timings.". The expression "respectively" is opposed to the terms of the order passed on 30th May, 1949. The operators were running the buses on a system of daily rotation according to the order passed on 30th May, 1949. I am unable to understand how the Regional Transport Authority felt any doubt as to why they were being run in daily rotation. On 19th June, 1952, he passed the following order :

"The operators of buses MDQ. 587 and 531 on the route Kurnool to Anantapur are hereby informed that they should ply in fixed timings issued in this office Proceedings No. 1810-B of 1950, dated 28th April, 1950, which supersede the orders issued in this office R. No. 5683-E of 1949, dated 30th May, 1949". No reasons are given by the Regional Transport Authority as to why he went back upon the order fixed on 30th May, 1949. Aggrieved by this order, the petitioner herein went up on appeal to the Central Road Traffic Board. The Central Road Traffic Board held that no appeal lay. When the attention of the Regional Transport Authority, Cuddapah was drawn to G. O. Ms. No. 2921, Home, dated 15th July, 1949, he passed the following order on 23rd March, 1953 :

"The rotation of timings in respect of the bus MDQ. 587 of Sri. K. Babanna and the bus MDQ. 531 of M/s. the Kurnool Co-operative Motor Transport, Kurnool, running on the route Kurnool to Anantapur via Dhone and Gooty are hereby granted and MDQ. 531 shall take the first timings on 25th March, 1953 and follow the rotation thereafter with effect from 25th March, 1953". The 2nd respondent preferred a revision petition to the Government against the order of the Regional Transport Authority, dated 23rd March, 1953. The Government by its order dated 9th July, 1953 set aside the order of the Regional Transport Authority dated 23rd March, 1953 and restored the order dated 28th May, 1952. The petitioner has consequently preferred this application for the issue of a writ of certiorari.

3. I have carefully gone through the several orders, and I am clearly of opinion that there is an error apparent on the face of the order passed by the Government. They ignored the valid order passed by the Regional Transport Authority on 30th May, 1949, fixing the system of daily rotation. No reference whatsoever is made by the Government to this order which had become final. I do not agree with the contention addressed by Sr

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