Raj Kishore Prasad, J.

1. In this case a rule has been obtained, from the High Court, by the petitioner on an application under Article 226 and 227 of the Constitution of India, against the opposite party to show cause why a writ, in the nature of certiorari, would not be issued quashing the order, of the Appeal Board of the State Transport Authority dated 3-3-1956, passed on an appeal Abdul Majid Khan, opposite party No. 2. The Advocate-General has shown cause against the rule on behalf of, the opposite party but no counter-affidavit has been filed on their behalf.

2. The petitioner applied for a stage carriage permit under Sec. 47 of the Motor Vehicles Act, 1939 (Act IV of 1939), hereinafter referred to as "the Act" for the Purnea-Kishunganj route. On 26-9-1950, Abdul Majid Khan, opposite party No. 2 also applied for a similar permit for the same route. On 29-5-1951, the East Bihar Regional Transport Authority hereinafter mentioned as "R.T.A." granted stage carriage permits to both the petitioner and opposite party No. 2 for the Purnea-Kishunganj route.

One Suraj Narain Mitra, who was also one of the applicants for a similar permit for the same route, being aggrieved by t