| Citation(s) |
|---|
| 1959 SLG 4345 = 1959 SLD 4345 = 1959 PLD 168 |
West Pakistan
Appellate Side No. 25 of 1958-59, decided on 27th February 1959, District Gujrat.
Presented By: A. T. Naqvi
Kh. Abdur Rahim for Appellants.
Appellate Side No. 25 of 1958-59, decided on 27th February 1959, District Gujrat.
Presented By: A. T. Naqvi
Kh. Abdur Rahim for Appellants.
Raja MUHAMMAD MOAZZAM-Petitioner
VERSUS
R. T. A., RAWALPINDI-Respondent
Law:
Section:
Route permit-Jammu and Kashmir Muhajirs residing in Pakistan having no source of livelihood-Board of Revenue remanded case under appeal for reconsideration of their application for grant of route permit. ORDER This order will dispose of five appeals (R. O. A. M. Nos. 25 to 29 of 1958-59) as the facts are the same. These appeals have been preferred against the decision of the Regional Transport Authority, Rawalpindi, taken its meeting held on the 4th to 8th August 1958, refusing to grant permanent public carrier permits to the appellants. The facts of these cases are that the appellants are refugees from Jammu and Kashmir State and were enjoying the privilege of continuous public carrier permits since partition. Since that time i.e. for nearly 11 years, the appellants had been holding temporary public carrier permit as the R. T. A., Rawalpindi, had been renewing the permits from time to time in their favour. In the year 1956, the R. T. A., considered the desirability of continuation of the issue of five tem porary public carrier permits to the appellants and in its meeting held on 17-12-1956, it was decided that a reference be made to the Provincial Transport Controller, for making these permits permanent from the quota of the P. T. C. without effecting the Regional quota fixed by the P. T. C. This item was consequently placed in the meeting of the R. T. A., held on 21-5-1958 to 23-5-1958. The meeting had to be postponed for one reason or the other ultimately in its meeting held on 4-8-58 to 8-8-1958, the R. T. A., Rawalpindi, decided that no further temporary permits should be allowed to them when the Authority has decided to issue more public carrier permits on permanent basis for vehicles of 1950 subsequent models. The order of the Authority appealed against is not justified for the following reasons :- It is alleged…