Ahmad, J.

1. These two applications, bearing Nos. M. J. C. 4 of 1955 and M. J. C. No. 129 of 1954, have been heard together as the order challenged under them have been passed under a common provision of law, namely, Sec. 64-A of the Motor Vehicles Act, 1939, and they raise some common questions of law, the important one of them being that Sec. 64-A itself is constitutionally void and ultra vires.

2. Both these applications have been moved under Article 226 of the Constitution of India and the common prayer made in them is for the issue of an oppropriate direction in the nature of writ restraining the respondents from enforcing the orders which have been challenged thereunder.

3. In M. J. G 4 of 1955 the petitioner is one Gobardhan Joshi, and it is stated that he carries on business in motor transport. The facts giving rise to his application are as follows. It appears that on 21st January, 1953, the East Bihar Regional Transport Authority, Bhagalpur (respondent No. 3), advertised a vacancy for a stage carriage permit on the Godda Pakur Road under Sec. 57 of the Motor Vehicles Act 1939 read with R. 46 of the Motor Vehicles Rules (Bihar) 1946. In pursuance of that advertisem