Case Details

Citation(s)
1961 SLG 1847 1961 SLD 1847 = 1961 PLD 67
West Pakistan
Appellate Side No. 84 of 1958-59, decided on 20th May 1959, District Peshawar.
Presented By: A. T. Naqvi, Member Board of Revenue
Kh. Abdur Rahim for Appellant.   Secretary, Regional Transport Authority, Peshawar.

  Tam PINDI-HAZARA TRANSPORT CO-OPERATIVE   SOCIETY, RAWALPINDI-Petitioner

VERSUS

  R. T. A., PESHAWAR-Respondent

Law: Motor Vehicles Act, 1939

Section:

  Motor Vehicles Act (IV of 1939), S. 64-Person not opposing party before R. T. A.under S. 57 (3)-Not entitled to be impleaded as party in appeal.   Route permit-More permits on one route may be granted for public convenience.,   Motor Vehicles Act (IV of 1939), S. 47-Stage Carriage Permit-Procedure under S. 47 to be followed. ORDER   The Managing Director of the Hazara Transport Company, the Director of Hazara-Kashmir Transport Company and certain Taxi operators put in applications today for being impleaded as a party to this case. The counsel for the appellant opposed .this request on the ground that these persons did not oppose the request of the appellant before the Regional Transport Authority, Peshawar at the proper time, in accordance with the provisions contained in section 57 (3) of the Motor Vehicles Act. The Secretary, Regional Transport Authority, Peshawar, conceded this contention of the counsel for the appellant. In the cir cumstances, the request of the afore-mentioned persons for being impleaded as a party to this case was refused.   This appeal has been preferred against the decision of the Regional Transport Authority, Peshawar, taken in its meeting held on 13-7-1958, by which the application of the appellant's company for the grant of counter-signatures for 10 buses on Abbotabad-Mansehra route was refused. The facts of this case are that the appellant's company was brought into existence by the merger of Hazara-Kashmir Bus Service, the Hazara Bus Service and a few individual operators who held stage carriage permits. All this was done in pursuance of the rationalization policy and scheme of Government. The stage carriage permits held by the present elements became the assets and permits of the appellant's company. The Hazara Kashmir Bus Service held stage carriage permits for operating 19 buses on Rawalpindi-Hassan Abdal-Mansehra route. These permits were issued by the Regional Transport Authority, Rawalpindi. The Ragional Transport Authority of the defunct N. W. F. P. had granted counter-signatures to the said company, for operating between Abbotabad-Mansehra. The Hazara Bus Service held 14 stage carriage…
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