1. This is a petition under Art.226 of the Constitution complaining against the issue of temporary permits on ground not covered by S.62 of Motor Vehicles Act.

2. It would appear that the grant of Pucca permits as ordered by the Respondent authority was being questioned on appeal before higher authority. And as the Pucca permits could not also be availed of in the interval, action was taken under S.62 for the issue of the temporary permits concerned. Such issue is not warranted by the terms of the section, vide A.I.R. 1957 T. C. 255, affirmed in 1957 K.L.T. 1259 And so the petitioner who happened to be one of the rival applicants for such temporary permits has come with this petition.

3. Preliminary objection is taken to the maintainability of the writ motion on the ground that the petitioner as one of the rival applicants had submitted to the jurisdiction of the respondent authority in the instant matter and on that ground was precluded from availing himself of the remedies under Art.226. In my opinion this objection is entitled to succeed. It has been held in A.I R. (1957) S.C. 397 at page 412 that submission to jurisdiction of the inferior tribunal will foreclose an ap