Case Details

Citation(s)
1960 SLG 208 1960 SLD 208 1960 PLD 16
West Pakistan
Appellate Side No. 41 of 1959 60, decision Dated: 21-01-1960, District Rawalpindi.
S. M. IKRAM, MEMBER BOARD OF REVENUE
Karam Elahi Chohan for Appellant. Sardar Shah Bokhari for New Jhelum Transport Co. Iqbal Cheema for Raja Anar Khan & Co. Secretary, R. T. A., Rawalpindi for
Respondent No. 1,

EX SERVICEMEN PUBLIC TRANSPORT CO., JHELUM

VS

R. T. A., RAWALPINDI AND ANOTHER

Law:

Section:

(a) Route permit Monopoly in, not to be encouraged. (b) Route permit Grant to company having no subscribed capital, or vehicle Not desirable except on grounds of public nature. THIS ORDER PASSED BY: S. M. IKRAM, MEMBER BOARD OF REVENUE---.-- In this case Ex servicemen Public Transport Company District Jhelum, appealed under section 64 of the Motor Vehicles Act, against order dated 12 11 1959, of the Regional Transport Authority, Rawalpindi, by which the R. T. A: rejected the request of the appellant for grant of permit for route Jhelum to Chua Saidan Shah via Dhok Talian. The appeal was admitted on 12th December 1959 and an interim stay order was issued. On 22nd December New Jhelum Transport Company Ltd. also appealed against the same order of R. T. A. rejecting their claim for issue of a permit for the same route. Both these appeals were heard on 20th January 1960 and this order disposes of both the cases (R. O. A. M. Nos. 41 and 46 of 1959 60). To deal with the appeal of New Jhelum Transport Company, Jhelum; its claim is based on its being the leading Transport Company of the District, with a large fleet of buses. The R. T. A. however, rejected its application on the plea that the Company had already sixty one route permits plying throughout the district and that further grant of permits to this company, even on a new route, would amount to giving it monopoly of the traffic in the district. Various rulings were cited in the course of hearing in support of the view that monopoly should not be ~, encouraged. There is a fair basis in this plea, and R. T. A. was on a firm ground when in dealing with a new route, requiring special attention, it decided not to grant it to a company with about 61 route permits. The appeal of New Jhelum Transport Company Ltd., Jhelum is accordingly rejected. This leaves for disposal the appeal of Ex servicemen Public Transport Company Ltd., Jhelum. It has been urged on behalf of this Company that: (i) it is an organization of Ex servicemen ; (ii) it has a manager with ample experience of transport business, having been a Director, a Member of the Managing Committee of the New Jhelum Transport Company Ltd. and later on having been in…
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