Modi, J.—This is a writ application by Jairamdas under Arty. 226 and 227 of the Constitution, and has come before this Full Bench as it involves the determination of a question as to the true scope and meaning of sec. 64(b) of the Motor Vehicles Act, which has been differently answered by two bench decisions of this Court in M/s. Mohammad Jamil vs. The State Transport Authority (1) (civil writ petition No. 122 of 1955 decided on 7th September, 1955) and Sainiks Motors vs. The State Transport Authority 2) (civil writ petition No. 37 of 1955 decided on the 3rd October, 1955). The former decision is by a bench consisting of Bapna and Bhandari JJ. sitting at Jaipur and was given earlier and the other one was given by the Chief Justice and Dave J. sitting at Jodhpur, and this bench was obviously unaware of the earlier decision.

2. The facts of the present case may be shortly stated. The petitioner was granted two permits for plying two stage-carriages on the Pokaran— Phalsoond route by the State Transport Authority by its order dated the 11th June, 1953 By this Older two other permit-holders on this route were dislodged, one of which is opposite party No. 3 here and the other forwent his

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