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Civil Petition for Special Leave to Appeal No. 346 of 1967, decided on 4th October 1967.
(On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 5th July 1967, in Writ Petition No. 965 of 1967).
S. 50 (1) (a)‑No rules prescribed under S. 50 (1) (a)‑Order of R. T. A. directing survey, held, could not be delayed merely because no rules framed.
S. M. Zainul Abidin, Advocate Supreme Court instructed by Tanvir Ahmed, Attorney for Petitioner.
Nemo for Respondents.
Date of hearing : 4th October 1967.
‑After participating through an objection and attendance at a hearing before the R. T. A., Lahore in a proceeding held for determining the need for issue of additional route permits on the Sargodha.Bhera route, when the R. T. A. decided to issue four further permits, the Sargodha‑Bhera Bus Service (petitioners before us) moved a writ to quash the decision. The principal ground advanced was that there being no rules prescribed by the Provincial Government as provided by sec tion 50 of the West Pakistan Motor Vehicles Ordinance, 1965, the survey of the route carried out by the Secretary of the R. T. A., under its directions, and all consequent action were void in law.
The High Court refused the writ, holding that the require ment of a survey was mandatory, and could not be stultified by mere absence of prescribed rules, when the need for issue of further permits had become manifest. Leave is sought to appeal against this order.
The action of the R. T. A., in ordering a survey is relatable to its duty of informing itself of the existence and extent of a public need, which had been brought to its notice. The law indeed enjoins such a survey, and declares that it should be held in a mode to be prescribed by the Provincial Government, but when the need was clear and required to be met urgently, the major duty of issuing further permits was clear, and could not be avoided or delayed in fulfilment merely because nod particular mode had been prescribed. The Secretary's report refers to the relevant matters on which the decision was to turn, viz. extensive overloading on existing licensed vehicles and the inconvenience to large numbers of passengers at terminal and intermediate points for lack of transport facilities.
The writ was rightly refused. We dismiss this petition.
Leave refused.
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