Case Details

Citation(s)
1961 SLG 2144 1961 SLD 2144 = 1961 PLD 326
Lahore High Court
Civil Revision No. 270 of 1960, decided on 9th January 1961.  
Presented By: S.A. Mahmood, J
Aftab Husain for Petitioner.   Muhammad Saeed and M. Saleem-Chaudhari for -
Respondent No. 1.   Muhammad Ghaus Senior Clerk, R. T. A. for
Respondent No. 2.   Fazl-i-Ghani for
Respondent No. 3.   Date of hearing : 9th January 1961.

PAKISTAN TRANSPORT Co. LTD. JHANG-Petitioner  

VERSUS

  SHORKOT     TRANSPORT     Co.     (REGD.)     SHORKOT    AND     OTHERS -Respondents

Law: Motor Vehicles Act, 1939

Section: S. 62

Motor Vehicles Act (IV of 1939), S. 62-Temporary route-permit-Not re-newable-Grant within discretion of Regional Transport Authority-Civil Courts not entitled to interfere-No right to demand issue of temporary permit.   Motor Vehicles Act (IV of 1939), S. 42-Use of motor vehicle in public place-Allowed only in accordance with conditions of ' a route-permit issued by Regional or Provincial Transport Authority -Civil Courts not entitled to grant temporary route permit in garb of temporary injunction-Civil Procedure Code (V of 1908), O. XXXIX, rr. I & 2-Grant of such injunction-Material irregularity within meaning of Civil Procedure Code (V of 1908), S. 1,15.   Motor Vehicles Act (IV of 1939), S. 58 (2)-Renewal of permit-Provision applies to applications made under S. 57 and not applications for temporary permits under S. 62.   Motor Vehicles Act (IV of 1939)-Breach of provisions --Aggrieved party must first seek remedy provided in Act-[The Tariq Transport Company Lahore v. The Sargodha-Bhera Bus Service Sargodha P L D 1958 S C (Pak.) 439 rel..   JUDGMENT   The Pakistan Transport Company Limited has been operating its buses on the authority of three route permits, granted to them by the Regional Transport Authority on Jhang-Ahmadpur Sial pacca route, since 1948. The Regional Transport Authority decided to issue two more route permits on this route and invited applications in that behalf. In that connection the Amir Transport Company applied to the Regional Transport Authority for the grant of two route permits under section 57 of the Motor Vehicles Act. In the meeting of the Regional Transport Authority, held on the 27th, 28th and 29th of May 1957, two route permits were granted to them. The Pakistan Transport Company Limited, who was an objector to the grant of further route permits on this route, filed an appeal before the Board of Revenue, who, by order dated the 10th August 1960, remanded the case for reconsideration and further hearing. Meanwhile, as a temporary measure, the Regional Transport Authority had decided to grant two temporary permits for a period of three months to the Shorkot Transport Company in their meeting…
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