ROSHAN MISTRI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application is made on behalf of one Roshan Mistri for grant of a writ in the nature of certiorari under Article 226 of the Constitution for quashing the order passed by the State Transport Authority dated the 28th/29th February, '1956, and also for quashing the order of the State of Bihar, dated the 2nd August, 1956, under Section 64A of the Motor Vehicles Act, refusing to interfere with the decision of the Appeal Board of the State Transport Authority.

(2.) The first objection taken on behalf of the petitioner is that the order of the Appeal Board of the State Transport Authority, dated the 28th/29th February, 1956, cancelling the permit of the petitioner and granting a permit to Phulchand Ram, which is annexure F to the application, is illegal and ultra vires, since Phulchand Ram was incompetent to prefer an appeal under Section 64 (f) of the-Motor Vehicles Act, which states as follows :

(3.) The next contention made on behalf of the petitioner is that by its order dated the 28th/29th February, 1956, the Appeal Board had in some way revised its previous order dated the 11th January, 1955, requiring the petitioner to procure a "newer model bus". We think that the order of the State Transport Authority, dated the 28th/29th February, '1956, did not review or revise its previous order, but it was only a clarification of the meaning of the previous order made by the Appeal Board, and we do not consider that there is any illegality which vitiates the order of the Appeal Board, dated the 28th/29th February, 1956.