Spencer, J.

1. The plaintiff in this suit was the owner of two motor buses called "The Republic" and "The Albion" which plied between Ellore and Chintalapudi. He instituted this suit against the Secretary of State for India represented by the Collector of Kistna for unliquidated damages caused to him by the improper cancellation of his licence. Under the Madras Motor Vehicles Rules, which have the force of law, the District Magistrate is vested by Rule 30 with the power of issuing permits in Form G for motor vehicles which are intended to be let or plied for hire outside the City of Madras. One of the conditions in Form G is that the owner of the vehicle, if it be a motor bus, shall arrange for its examination once in every six months by a person approved by the District Magistrate. It appears that the District Magistrate cancelled the licence for the bus "The Republic" because it was not examined by the District Board Engineer as required by the permit. It was found by the Judge in the Lower Court that the District Board Engineer was a little negligent in not inspecting the car when it was produced for inspection. Assuming, however, that the District Magistrate committed an