Certiorari quash on non-merits grounds restores rehearing rights, making a separate mandamus unnecessary.

Where an inferior authority's order on a properly made application is quashed in certiorari on a ground not touching the merits, the authority remains bound to rehear the application. A further writ of mandamus is unnecessary if the legal effect of the quashing already restores the matter for reconsideration and the authority has accepted that it will proceed in light of the court's judgment. On that basis, the request for mandamus was rejected because the Government was already obliged to rehear the matter under Section 64-A of the Motor Vehicles Act, 1939.

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Issues: Whether a writ of mandamus should be issued directing the Government to rehear the application after its earlier order had been quashed in certiorari.

Analysis: When an order of an inferior tribunal on a properly made application is quashed on a ground that does not go to the merits, the tribunal is bound to take up the application again and rehear it. In such a situation, where the authority has accepted that it will proceed in the light of the court's judgment, a further direction by mandamus is unnecessary because the legal consequence of the quashing itself enables the matter to go back before the authority.

Conclusion: The request for mandamus was rejected, as the Government was already required to rehear the matter under Section 64-A of the Motor Vehicles Act, 1939.

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