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GHULAM MOHY-UD-DIN versus CROWN AND R. T. A., LAHORE


No conditions of permit of West Pakistan Motor Vehicle Act 1939 can be suspended

P L D (Rev.) 1952 Punjab 14

Before Akhter Husain, Financial Commissioner

GHULAM MOHY‑UD‑DIN‑Appellant

versus

CROWN AND R. T. A., LAHORE‑Respondents

Appeal No. 383 of 1949‑50, decided on 10th April 1951, against the order, dated 23rd February 1950, passed by R. T. A. Lahore.

Motor Vehicles Act (IV of 1939)

------

------‑Permit‑No condition infringed‑Permit cannot be suspended.

The Regional Transport Authority suspended certain route permits on the ground that in each case the vehicles had been found carrying rice in contravention of the provisions of the West Punjab Paddy and Rice Control Order, 1949.

Held that as the observance of the provisions of the West Punjab Paddy and Rice Control Order, 1949 had not been made a condition of the permits the order was unsustainable.

Khawaja Abdur Rahim, for Appellant.

Secretary, Regional Transport Authority, Lahore.

ORDER

AKHTER HUSAIN, F. C.

‑This order will dispose of the two appeals noted above.

By their resolution passed on the 23rd February 1950 the Regional Transport Authority, Lahore suspended the route permits of PBL, 9443, PBL. 5711 and PBG, 515 for a period of two months on the ground that in each case these vehicles have been found carrying rice in contravention of the provi sions of the West Punjab Paddy and Rice Control Order 1949. The resolution has not been properly drafted as it is not clear from it if all or any of the appellants were present before the Authority and if so whether any of them was heard. The most damaging thing however is that none of the conditions of the permits held in these cases has been infringed. The Secretary regional Transport Authority, Lahore has conceded that the observance of the provisions of the West Punjab Paddy and Rice Control Order 1949 had not been made a condition of the permits involved in the case. In these circumstances the order passed by the Regional Transport Authority Lahore is unsus tainable and is hereby set aside. Announced.

A. H.

Appeal accepted.

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