Order being judicial orders liable to be quashed by a writ of certiorari.

This is an application for issuing a writ of certiorari to quash the order of the Government of Madras, dated 5th July, 1951. The petitioner is the proprietor of Sri Gandhibam Bus Service, Chingleput. He was granted two stage carriage permits for running two buses on the route from Vanangupet to Madras. One of the two buses M.D.H.1144 starts from Madras and the other from Vanangupet every morning at 7a.m. The schedule of timings in respect of the two buses was fixed some years ago and the said schedule has been in existence for over six years. The second respondent is the owner of bus M.D.H.1166 running between Vanangupet and Madurantakam as shuttle service with six singles. Timings for this bus also were fixed some years ago. He was starting his bus service at Vanangupet at 8-5a.m. He moved the Regional Transport Authority, Chingleput, for the revision of timings for his bus. The Regional Transport Authority by its order No.2505/B-1/50, dated 21st July, 1950, fixed the timing for his bus at 6-40a.m. instead of 8-5a.m. Against the decision of the Regional Transport Authority the petitioner preferred an appeal to the Central Road Traffic Board and the Central Road Traffic Board by its order, dated 30th August, 1950, directed that the petitioner’s bus should leave Vanangupet at 7a.m. and the second respondent’s bus at 8-5a.m., that is, they restored the previous timings. Thereupon the second respondent preferred a revision to the Government at Madras who set aside the order of the Central Road Traffic Board without giving any reasons for the same. The petitioner filed a writ of certiorari for quashing that order and the High Court quashed that order on the ground that the order on the face of it did not disclose the defect which vitiated the order of the subordinate authority. The second respondent moved the Government on 5th May, 1951 for revision of the Central Traffic Board’s order. The Government passed the following order:

“The High Court quashed the G.O. on the ground that no reason was given in it for setting aside the Central Road Traffic Board’s order. The High Court however made it clear that by quashing the G.O. the order of the Central Road Traffic Board was not confirmed and that the Government were not prevented from passing fresh and valid orders if they thought fit.

The Government have accordingly examined afresh under section 64-A of the Motor Vehicles Act, the legality, regularity and propriety of the Central Road Traffic Board’s proceedings R.No. 24538/A-2/50, dated 30th August, 1950, with reference to the connected records and the representation of Sri A. Vedachala Mudaliar, dated 6th June, 1951. The Government consider that in the circumstances of the case, the order of the Regional Transport Authority, Chingleput, passed at its meeting held on 21st July, 1950, directing that the time of the departure from Vanangupet of Bus MDH No.1166 owned by Sri M. Kali Mudaliar should be 6-40a.m. is the proper one and that the order of the Central Road Traffic Board in upsetting the Regional Transport Authority’s order to this extent is not proper. They therefore direct that the Central Road Traffic Board’s order referred to above be set aside and the Regional Transport Authority’s order be upheld”.

The present application is filed to quash that order, the main ground being that the statement of the Government that the order of the Central Road Traffic Board is not proper is not a compliance with law.

The learned Advocate-General appearing for the Government and Mr. Bashyam appearing for the second respondent took the preliminary objection against the maintainability of the present application. They contended that the order of the Regional Transport Authority in fixing the timings is an administrative act and therefore the order of the Central Road Traffic Board made in appeal against that order and that of the Government passed in the exercise of their revisional jurisdiction are all administrative acts not liable to