1. A common question of law, namely, whether the Mysore Revenue Appellate Tribunal, Bangalore to be hereinafter referred to as the Tribunal, (Respondent 1 in both the Writ Petitions) had jurisdiction to entertain the appeals in these cases, arises in these Writ Petitions under Art.226 of the Constitution. In both these petitions, the only relief prayed for is that this Court may be pleased to issue a writ of Prohibition, prohibiting the Tribunal from hearing the appeals mentioned therein.

2. Before proceeding to consider the question of law arising for decision in these cases, it is necessary to state briefly the material facts of these cases.

3. The petitioner in W. P. No. 458/65, made an application on 19-6-1959 requesting the Regional Transport Authority, Kolar, to alter the permit held by him, which authorised him to operate a service from Punganur to Hebbani border via Srinivasapur, Yeldur, and Mulbagal to one permitting him to operate his service from Punganur to Bangalore via Chintamani. Kaiwara, Nandagudi, Hoskote and H A. L. The said application was duly published under S.57 (3) of the Motor Vehicles Act 1939 (to be hereinafter referred to as the 'Act'). Amongst others, the fourth respondent objected to the variation prayed for The R. T. A Kolar, after hearing the parties, rejected the petitioner's application as per its Resolution dated 30-9-1964.
As against that Resolution, the petitioner went up in appeal to the Mysore State Transport
Appellate Tribunal, Bangalore, in appeal No. 671/64 on its file. The M. S. T. A. T allowed the appeal of the petitioner by its Order dated 10-3-1965 and granted the variation sought. Thereafter on 12-3-1965, the petitioner's permit was duly altered by the R. T. A. Kolar, in accordance with the order of the M. S. T. A. T. As against the order of the M. S.T. A. T. the fourth respondent preferred a second appeal to the Tribunal in Case No. 865 / 1965 (M. V.) on its file. The said appeal is pending disposal before the Tribunal. The contention of the petitioner is that the Tribunal had no jurisdiction to entertain that appeal.

4. The second respondent in W. P. No. 630 of 1965 applied to the R. T. A., Bangalore, on 14-5-1962 for a stage carriage permit from Bangalore to Chalamakote via Hudi. Hoskote. H. Cross and Chintamani. When the substance of that application was notified under S.57 (3) of the 'Act', the petitioner and others objected to the same. That application was heard by the RTA Bangalore, on 8-2-1963 in its Subject No. 261/62-63 on its file. The R.T.A rejected the same. Against the said Order, the second respondent went up in appeal to the M.S.T.A.T. Bangalore, in Appeal No. 403/63 on its file. The M.S.T.A.T. dismissed that appeal by its Order dated 14-2-1964. Against that order, the second respondent has filed a second appeal to the Tribunal, i.e.. Appeal No. 930/64 on its file. The same is pending before the Tribunal. The contention of the petitioner in W.P. No. 630/65 is that the Tribunal was not competent to entertain that appeal.

5. For pronouncing on the contention raised in these petitions, it is necessary to refer to the development of the law on the subject.

6. The Central Legislature passed the 'Act' in the year 1939. S.64 of that Act' provided for an appeal against the order of the original authority in respect of matters enumerated thereunder. The said Act did not provide for a second appeal. The Act in question was not operative in the former Slate of Mysore. The Mysore Legislature passed the Mysore Motor Vehicles and Road Traffic Act 1941 (Act No. XXVII of 1944), which received the assent of His Highness the Maharaja on the 5th day of August 1944. That enactment consolidated and amended the law relating to Motor Vehicles and Road Traffic in the then State of Mysore. In pursuance of the power granted by that enactment, Rules were framed in 1945. But, after the Republic of India, came into existence, the 'Act' was extended to the former Stale of Mysore in the year 1951