Law: Motor Vehicles Act, 1939

Section:

  Motor Vehicles Act (IV of 1939), S. S7-Procedure pres cribed under S. 57 not strictly followed-No -prejudice -No inter ference.   Motor Vehicles Act (IV of, 1939), S. 57-Does not require that R. T. A's. agenda be published.   ORDER   This is an appeal by an existing operator against R..T. A's. order dated the 26th October 1960 granting one 'B' part permit, each to the two respondents. The case is in a way a sequel to four connected appeals decided by my learned colleague Member (Revenue) Board of Revenue, on 25th July 1960. The present respondents were appellants in two of these earlier appeals. The learned Member rejected their appeals by the following obser vation :-   "As a result I would reject all these appeals but would direct that the R. T. A. Multan if as a result of their investigation find that there is scope for the issue of more permits on this route will give due consideration to the claim of Muzaffar Transport and Zamindara Shaheen Bus Service."   Regional Transport Authority took Member's above obser vation as directive and did not follow the procedure prescribed in section 57 meticulously. It just included its verbatum translation in its agenda for its meeting to be held on 17-9-1960 and published it in the "Driver" dated 15-9-1960, which was obviously done for the information of all these persons, including existing operators, who were interested in the grant of additional permits on -this route. On that date, however, R. T. A. had a long agenda to go through and the item was postponed for consideration at a subsequent meeting. Eventually it came up for consideration at its meeting held on the 26th October 1960 through a supplementary agenda, when it passed the following order :-   "The Survey Report of the Secretary Member was read out in the meeting and approved by the Authority. It was decided that in view of traffic on the route in question one 'B' part each should further be issued to Messrs Zamindara Shaheen Bus Service, Ahmadpur East and Messrs Muzaffar Transport Company, Bahawalpur."   The above order is assailed by the appellant on the…