( 1 ) THE petitioner held a stage carriage permit No. 15 on Garh Delhi route. The vehicle covered by this permit was No. USL 2855. It appeared that the vehicle had become old, consequently on 10-9-1955 the petitioner applied to the Regional Transport Authority concerned for replacement of the vehicle. His case is that in response to the requisition sent by the Regional Transport authority he was driving his vehicle No. USL 2855 to the office of the Regional Transport authority for its inspection on 3-11-1955. The vehicle was, further according to him, empty at the moment but it was checked by the enforcement Squad and as there was no fitness certificate then valid, his case was reported to the regional Transport Authority which purporting to act under Section 60 of the Motor Vehicles act, 1939, suspended the permit for a period of three months. The fitness certificate originally held in respect of this vehicle had expired on 19-10-1955. On 3-11-1955 when the vehicle was checked by the Enforcement Squad there admittedly was no fitness certificate in force. Petitioners contention is that he was not plying the vehicle under the per-mit, on the contrary, he was taking