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Appellate Side No. 360 of 1950‑51, decided on 5th June 1952, 1952, District. Lahore.

Rule, 4.6, 4.9‑Addi tional return trip sanctioned to one of the Bus Service‑Whether tantamount to issue of new permit‑Quaere‑No ground for interference in the absence of prejudice to anyone.

Mahmud Ali Kasuri, for Appellant.

Khwaja Abdur Rahim, for Respondent.

‑This is an appeal by the Rajput Bus and Transport Company Ltd., Sargodha against resolution No. 5, passed by the Regional Transport Authority, Lahore on 2nd June 1951, by which they sanctioned one additional return trip of Sargodha‑Girot route to the Muslim Bus Service, Sargodha.

The learned counsel for .the appellant has argued that the resolution in question amounts to the grant of a new permit to the Muslim Bus Service, Sargodha and that this could not. be done without observing the formalities laid down in rule 4.6 of the Punjab Motor Vehicles, Rules, 1940. As in this case no publication was made the resolution passed by R. T. A is illegal and void. The learned counsel for respondent on the other hand has made a reference to rule 4.9 of the Punjab Motor Vehicles Rules according to which a permit in part A is issued in case of the service of a stage carriage and a number of copies of. Part B equal to the number of vehicles which the bolder of the permit is permitted to have in use on the road at any one time are issued. From this rule an inference has been drawn that the R. T. A. is competent to allow additional services by issuing Form B of the permit without publication of the applications and as such a per mission does not amount to the issue of a new permit. Whatever may be the position, I find that no one has been prejudiced in this case. I, therefore, reject this appeal.

A. H.

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