Case Details

Citation(s)
1960 SLG 204 1960 SLD 204 1960 PLD 9
West Pakistan
Appellate Side No. 79 of 1957 58, decision Dated: 18-02-1959, District Lahore.
A. T. NAQVI, MEMBER BOARD OF REVENUE
Kh. Abdur Rahim for Appellant.

THE LAHORE RERAN TRANSPORT CO OPERATIVE SOCIETY LIMITED, SHARAQPUR

VS

THE R. T. A. LAHORE

Law:

Section:

THIS ORDER PASSED BY: A. T. NAQVI, MEMBER BOARD OF REVENUE The appellant's Society has preferred this appeal against the decision of the R. T. A. Lahore, taken in its meeting held on 18 8 1958 by which the Authority declared open the routes from Lahore to Sharaqpur, and Rehan to Sharaqpur, inviting fresh applications for the grant of route permits inasmuch as the Authority considered the monopoly of appellant's Society on these routes as undesirable. 2. The facts of this case are that appellant's Society is operating stage carriage services between Lahore and Rehan holding 19 `B' part permits. No other company or operator is allowed to pick up passengers between Lahore and Rehan. In other words, all other companies operating between Lahore and Lyallpur or other destinations have to operate under the corridor conditions, which restrain them from picking up passengers between Lahore and Rehan. The corridor conditions give the appellant's Society exclusive right of operating stage carriage services between Lahore and Rehan. The appellant Society allege that while they have held 19 `B' parts for this whole route Lahore to Rehan they have not in actual practice been permitted by the R. T. A. Lahore to use some of the permits or parts of the route, viz. Lahore to Sharaqpur and others for the whole route, viz. Lahore to Rehan and they had requested the Authority to fix the number of permits accordingly; the Authority while refusing this request, also declared the whole route open. In support of the contention of the appellant's Society, they have filed a copy of the time table for the period, 1st October 1955 to 31st March 1956, duly attested by the Secretary, R. T. A., which shows that some of the services of the appellant's Society were permitted to terminate at Sharaqpur. It has further been argued by the counsel for the appellant that the R. T. A. has passed on ex parte order. 3. Much reliance was placed on the time table referred to above and the previous decision of the Authority by which corridor restrictions were imposed on other companies plying on this route. I am afraid I do not agree with the contentions of the learned counsel for the appellant's Society…
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