( 1 ) THE following points have been referred to me upon a difference of opinion between my brother Tandon and my brother Nigam.

(1) Does the provision in Section 57 (2) of the Motor Vehicles Act, 1939, that "an application for a stage carriage permit shall be made not less than six weeks before the date on which it is desired that the permit shall take effect" require that that date shall be stated in the application or otherwise?

( 2 ) IF the answer to the first question be in the affirmative, is the requirement of stating the date" mandatory or merely directory?

( 3 ) IS an application which does not mention the date not an application complying with the requirements of the first alternative mentioned in Section 57 (2) of the Motor Vehicles Act (Act iv of 1939) ?

2. The reference of these points has been made under the following circumstances. A petition under Article 226 of the Constitution of India was made by Tara Singh seeking; the issue of a writ of certiorari for quashing an order passed by the State Transport Authority Tribunal, U. P. dated 13-6-1955. It appears that a new route for running stage carriages was decided upon by the authorities in the year 1950.