Law: West Pakistan Motor Vehicles Ordinance, (XIX of 1965)

Section: 45 (1)

JUDGMENT

FAKHRUDDIN G. EBRAHIM, J.--The petitioner is owner of a Minibus, a Mazda station wagon with capacity of 25 passengers which was granted a permit to ply, as a stage-carriage, on route W-4. On 25-3-1979 the petitioner applied to the Secretary, Regional Transport Authority, for conversion of route from W-4 to W-3, which request was not granted by the

Secretary, Regional Transport Authority vide his letter dated 25-3-79 on the ground that the Chairman, Provincial Transport Authority, Sind, Karachi, had allowed new vehicles Mazda 26 seaters to ply as Minibuses on the route identified by the P. T. A., Karachi, where there is acute shortage of transport and accordingly the petitioner had been granted route permit for route W4 where there was shortage of transport and since this shortage continues, the request cannot be acceded to. The aforesaid order was challenged in appeal before the Member Board of Revenue, Sind, who. by his order dated 12-4-1979 came to the conclusion that the matter had to be decided by the Chairman, P. T. A. after hearing the parties, and accordingly he remanded the case to the Chairman, for fresh decision. The appeal was then heard by the Chairman, P. T.

A. who by his order dated 4-6-79 dismissed the appeal which order was affirmed in revision by the Member, Board of Revenue, Sind. The Chairman, agreed with the petitioner that under section 49 of the Motor Vehicles Ordinance. 1965, the R. T. A. cannot but issue permit for a stage-carriage on a classified route of an applicant's choice so long as he has paid the prescribed fee and fulfilled other conditions laid down in the Ordinance and Rules framed under it but in so far as fare is concerned it had to be in accordance with the fares notified by the Government under subsection (1) of section 45 of the Ordinance. The Chairman, referred to three notifications under this section. The first notification is dated 21-11-75 fixing the fare of Minibuses as follows :