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Appellate Side No. 894 of 1949‑50, decided on 9th January, 1951.
S. 58 (2) read with S. 57 (5)‑Application for renewal of permit to be disposed of as application for permit‑Disposal of application for renewal without hearing applicant‑Order set aside.
Khawaja Abdur Rahim, for Appellant.
Secretary, Regional Transport Authority, Lahore.
‑This is an appeal against an older dated 23rd March 1950 (item No. 18) passed by the Regional Transport Authority, Lahore, whereby the application of the appellant for the renewal of public carriers' permit was rejected.
According to subsection, (2) of section 58 of the Motor Vehicles Act, a permit may be renewed on an application made and disposed of as if it were an application for a permit. Further according to the subsection (5) of section 57 of the Act it is incumbent upon the Regional Transport Authority to afford the applicant an opportunity of being heard either in person or by a duly authorised representative. It has been conceded on behalf of the Regional Transport Authority that no notice was given to the appellant to appear before the Authority at its meeting held on 23rd March 1950 at which the order under appeal purports to have been passed. This ommission on the part of the Authority renders their decision under appeal invalid. The appeal is accepted and the order appealed against set aside. Announced.
A. H.
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