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Appellate Side No. 293 of 1951‑52, decided on 31st June, 1952, District Lahore.
‑Rule 4.35‑‑Mere diversion of service‑Whether amounts to a new permit.
Mahmud Ali Kasuri, for Appellant.
Khawaja Abdur Rahim, for Respondents.
‑This is an appeal by the Rajput Bus and Transport Company Ltd., Sargodha against Resolu tion No. 27 passed by the Regional Transport Authority Lahore on 25th February 1952, by which they allowed the Muslim Bus Service Sargodha to divert one of his Sargodha Girot services Jauharabad instead of via Khushab.
It has been argued on behalf of the appellant that at first the applications of both the companies for a permit on the newly constructed metalled road via Jauharabad were rejected by the R. T. A., Lahore but later on the Muslim Bus Company, Sargodha was allowed by the Authority to divert one of its Sargodha‑Girot services via Jauharabad instead of via Khushab. It has been argued by the learned counsel of the respondents that the appeal is not competent since no new permit was granted to the respondents and it ‑was only a diversion of the route and the R. T. A. was competent to allow it under rule 4'35 of the Punjab Motor Vehicle Rules, 1940 without inviting applications for it. I have given my full ‑con sideration to this case and consider that the permission given to the Muslim Bus Service to divert one of its services via Jauharabad instead of via Khushab does not in any way pre judice the interests of the appellant.' I, therefore, reject this appeal.
A. H.
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