1. This is an appeal by the third respondent in O.P. No. 132 of 1959. The appellant was granted a stage carriage permit by the second respondent, the Regional Transport Authority, Kozhikode, on 13-11-1958. The petitioner, the third respondent in this appeal, contended that there was no properly constituted Regional Transport Authority in existence on that date, and that the permit cannot hence be sustained. The contention was upheld, and the permit was held to be invalid by the decision under appeal.

2. Chapter IV of the Motor Vehicles Act, 1939, relates to the control of transport vehicles, and S.44 which occurs in that Chapter deals with the Transport Authorities. Sub-sections (1) & (2) of that section (omitting the provisions thereto) read as follows:

[1] "The State Government shall, by notification in the official Gazette, constitute for the State a State Transport Authority to exercise and discharge the powers and functions specified in sub-section [3], and shall in like manner constitute Regional Transport Authorities to exercise and discharge throughout such area (in this Chapter referred to as regions) as may be specified in the notification, in respect of each Re