The Chief Justice.-By their order dated 17th April, 1951, the Government of Madras set aside an order of the Central Road Traffic Board, and Subba Rao, J., quashed this order of Government by his order dated 1st August, 1951. The learned Judge quashed the order on the ground that it disclosed ex facie that they passed their order after reading a petition from certain Congress-workers which was not strictly permissible in law. Though the Government did not say that they acted upon the petition, inasmuch as they did not say that the petition in no manner influenced them in coming to a conclusion, it could not be said that that petition might not have influenced the Government in passing their order. As matters extraneous to the application pending before them had been taken into consideration, the learned Judge was of the opinion that their order should be quashed.

The question which now arises on an application taken out for a writ of mandamus by the party who was successful before the Government on the prior occasion is whether after the quashing of their order, the Government should take up the application filed before them under section 64-A of the Motor Vehicles Act and rehear th

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