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Appellate Side No. 43 of 1952-53, decided on 3rd February 1954, from District Rawalpindi.

, Ss. 57 and 62-Permits -Grant of on Permanent basis not to be withheld simply because Punjab Road Transport Board might apply for same.

Mahmud Ali Kasuri, for Appellant.

--This is an appeal against the resolution passed by the Regional Transport Authority Rawalpindi on 7th February, 1953, by which they decided to issue two permits to the petitioner's Company (Gujrat Punjab Bus Service, Ltd, Gujrat) on purely temporary basis for one month each time for the routes Mandi Bahauddin Bherowal and Mandi Bahauddin Qadrabad via Khutala Sheikhan. Their application for a permit for the route Mandi Bahauddin Qadrabad via Phalia was rejected. It was also decided that the permits granted would cease as soon as the Punjab Road Transport Board would apply on those routes.

It has been argued by the learned counsel of the petitioner that permits should not have been issued on temporary basis for a short period of one month, as in that case the appellant's transport Company cannot be expected to provide better transport facilities, being uncertain of the future. It has also been stated that there is no transport facility on the third route Mandi Bahauddin Qadrabad via Phalia.

I have noticed from the file that the Transport Authority had given undue weight to the expected demand of the Punjab Road Transport Board to ply their vehicles on these routes. I have made it clear on more than one occasion that the Authority is not justified to refuse the grant of permits on the ground that the Punjab Road Transport Board was expected to ply their vehicles on any of the routes. In this connection I would like the Regional Transport Authority to be guided by the principle enunciated by me in my ruling reported as P. L. D., Revenue, 1951 Punjab page 9. The Punjab Road Transport Board like other transport concerns can, on the publication of the applications for the issue of permits for certain routes can appear before the Authority and make objections to the issue of permits and after considering their objections the Authority is at liberty to decide the case on merits. It is not the function of the Regional Transport Authority to make inquiries from the said Board whether they would like to ply their vehicles on a certain route or not. I do not see any valid justification for not issuing permits to the petitioners Company on permanent basis, rather than on temporary basis. I therefore, accept this appeal so far as grants of temporary permits are concerned and direct that the permits issued for the above mentioned two routes to the appellants Company should be for a period of three years. A permit should also be issued to the appellant's Company for the route between Phalia and Qadrabad, which route is at present without any service. This part of the appeal is accepted to this extent.

Announced.

A. H. Order accordingly.

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