1. This is an appeal by the 3rd respondent in O.P. No. 313 of 1958 against the decision in that petition. The decision has since been reported, 1961 KLJ. 863.

2. The Regional Transport Authority, Kozhikode, granted a stage carriage permit to the petitioner in O.P. No. 313 of 1958 and rejected the application of the 3rd respondent. The 3rd respondent challenged the correctness of the order before the State Transport Appellate Tribunal by an appeal under S.64 of the Motor Vehicles Act, 1939, Appeal No. 35 of 1957. The State Transport Appellate Tribunal set aside the order and remanded the case for fresh disposal to the Regional Transport Authority, Kozhikode. The Original Petition was directed against the order of remand.

3. Vaidialingam, J., held that the State Transport Appellate Tribunal had no powers of remand, and that even if it had such a power, the circumstances of the case did not justify the remand directed by the Tribunal. We are in entire agreement with the second of the two conclusions and that is sufficient to entail a dismissal of this appeal.

4. In considering the second aspect of the case the learned judge reviewed all the relevant facts and said:

"I am satis