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Appeal No. 117 of 1954‑55, decided on 17th January 1956, from the decision of R. T. A., Multan, dated 24th July 1955.
S. 57(3)‑No decision can be made until period of 30 days has elapsed.
Kh. Abdur Rahim for Appellant.
Sh. Bashir Ahmad for Respondents.
This is an appeal against the order of the R. T. A., Multan, passed in their meeting held on 23rd and 24th July 1955 by which two stage carriage permits were granted to the respondent Company, viz. Malik Bus Service, Multan to ply between Multan Salawahan via Bosan. Four points have been advanced in support of the appeal ; firstly, that the application was published in the issue of Driver, dated 6th July and before the lapse of thirty days as laid down in section 57 (2) of the Motor Vehicles Act, the R. T. A. came to a decision to favour of the respondent ; secondly, that the real applicant was one Malik Allah Bux while the grant was made in favour of Malik Bus Service; thirdly, that the application was for a different route, viz. Multan to Bosan which is about twelve miles in length but the route was almost doubled by the R. T. A. by extending it by another twelve miles ; and finally that the needs of the travelling public are fully met by the appellant Company who ply two services a day on the route to question. I think there is force in' the first and the third contention, namely, that the period of thirty days had not expired before the application was sanctioned and the route for which the permits were granted cannot be considered to be the same for which the application was originally made. As regards the other two grounds of appeal there is no confu sion in identifying the applicant and the Company in whose t favour the grant was made as Malik Bus Service consists of the original applicant, Malik Amir Bux and his son. As regards public needs, the Secretary R. T. A. who is present, 'considers that there is scope for more transport service oil this route. In view of the fact, however that the requirements of law have not been complied with I would accept the appeal and direct that the matter be reconsidered by the R. T. A. and a fresh decision given on merits after complying with provisions of the Act and the Rules framed under it.
K. M. A. Case remanded.
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