Case Details

Citation(s)
1960 SLG 382 1960 SLD 382 1960 PLD 84
West Pakistan
Appellate Side No. 115 of 1958 59, decision dated: 07-05-1960; District Lahore.
M. W. ABBASI, MEMBER BOARD OF REVENUE

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AL KISAN TRANSPORT COMPANY LTD

VS

(1) THE REGIONAL TRANSPORT AUTHORITY AND (2) THE RAVI COOPERATIVE TRANSPORT SOCIETY

Law:

Section:

(a) Motor Vehicles Act (IV of 1939), Ss. 57 & 64 (f )¬Grant of permit not opposed at appropriate stage under S. 57 by existing operator Such operator .cannot be joined as party in appeal. (b) Motor Vehicles Rules, R. 4 8 (2) Modification of route by R. T. A. Unreasonable Liable to be set aside Re advertising of altered application not necessary, unless modification has far-reaching effect. Rajput Bus Transport Society v. R. T. A., Lahore P L D 1958 W. P. (Rev.) 121 ref. THIS ORDER PASSED BY: M. W. ABBASI, MEMBER BOARD OF REVENUE This is an appeal against an order passed by R. T. A. Lahore tit its meetings held on the 27th, 28th and 29th May 1957 whereby respondent.. No. 2 was given four stage carriage permits on Lahore Gora route. The appeal was originally dismissed by M. B. R. Mr. Muhammadi on the 2nd April 1958 on the ground that it had become in fructuous in consequence of an order of the Division Bench of the High Court dated 14 1 1958, passed in writ proceedings, initiated by the Sargodha Bhera Bus Service and quashing the entire proceedings of R. T. A., Lahore dated the 27th/29th May 1957. In the meantime the Tariq Transport Company (the party aggrieved by the order of the High Court) went in appeal to the Supreme Court against the High Court, order. The Supreme Court by its order dated 21 7 1958 set aside the order of the High Court . . . . restoring R. T. A's proceedings of the meetings held on the 27th/29th May 1957. Consequent on this final order, the Member, Board of Revenue, Mr. A. T. Naqvi, restored the appeal in question by his order dated 21 12 1958. Respondent No. 2 has since slightly amended its name and become "Ravi Transport Society". This verbal change in the name has been accepted by both the parties. When the appeal was revived for hearing, an application was filed on behalf of Shahkot Bus Service with the request that it may be impleaded as a party to the appeal because the impugned order affected its rights also as an operator on part of the route sanctioned for the Ravi Transport Society. Under section 64 (f ) an existing operator can file an appeal only if it had opposed the grant of the permit at the appropriate stage under…
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