- (1.)This is a petition under Article 226 of the Constitution, for the issue of a writ of certiorari to quash the order of the Government of Andhra Pradesh, Home (Transport I) Department, in G. O. Ms. No. 1106 dated 13-5-1958.
(2.)In order to appreciate the contentions raised in the petition, it is necessary to state the material facts. A new, route between Penumudi and Kuchinapudi via Repalle was opened and the Regional Transport Authority, Guntur, invited applications for a stage carriage permit on that route. The petitioner was among the twenty applicants for the permit. In its proceedings dated 25-9-1956, the Regional Authority granted the permit to the petitioner. Thereupon six of the unsuccessful applicants preferred appeals to the State Transport Authority, Andhra Pradesh, By its proceedings dated 12-3-1957, the State Authority set aside the order of the Regional Authority and granted the permit to the 4th respondent. Aggrieved by this order, the petitioner preferred a revision to the Government under Section 64-A of the Motor Vehicles Act. In G. O. Ms. No. 1106 dated 13-5-1958, the Government set aside the orders pf both the subordinate authorities and remitted the case to the Regional Authority, Guntur for fresh disposal according to law.
(3.)Before us, learned counsel for the petitioner contends that there is no power under Section 64-A of the Motor Vehicles Act enabling the Government to remand a case to the Regional Authority for fresh disposal.