Law: Motor Vehicles Act, 1939

Section: Ss. 58 (2) & 64 (f )

 Motor Vehicles Act (IV of 1939), Ss. 58 (2) & 64 (f )-Right of appeal is specially created-Word "permit" does not include "renewal"-No appeal lies against renewal of permit sanctioned by R. T. A.     ORDER   This order will dispose of the two connected transport appeals No. 24 and 25 of 196061.   The Regional Transport Authority, Lahore, In their meeting held on the 31st August 1960, renewed the stage carriage permit of the New Lyallpur-Samundri Transport Co. respondent No. 1 to ply between Lyallpur and Mehar Shahana and of the PakistanLyallpur-Samundri Transport Company, respondent No. 2 for the shorter Tandalianwala to Mehar Shahana route for a period of three years each. Objection had been taken to the renewal by Cheema Transport Company, the appellant on the ground that the services of the two respondents from, Tandalianwala to Mehar Shahana were not running regularly or in accordance with the schedule and for that reason the renewal should not be granted. The Regional Transport Authority however gave the two respondents a chance to make their services more regular by temporary renewal for a period of three months and after having satisfied themselves that the services had improved, renewed the permits for a period of three years. It is against this order of renewal that the Cheema Transport Company have come up in appeal.   An objection has been taken that there is no provision in the Motor Vehicles Act for an appeal against renewal of permit. Section 58, subsection (2) of the Act lays down the procedure for renewal of a permit and this is to be as if it were an application for a new permit. There is, however, a proviso that other things being equal an application for renewal has to be given preference over new applications for permits. It is urged that as the procedure for renewal of a permit is the same as for a new grant, the word "permit" used in section 64 (f) of the Act, which gives the power to file an appeal to certain public authorities or an association, should be interpreted to include renewal of a permit. This contention cannot be accepted. The right of appeal does not exist as a…