P L D (Rev (PLP)

NASIR AHMAD, F. C.‑This order will dispose of the two connected appeals Nos. 78 and 88 of 1953‑

54. These appeals have been preferred against two orders of the Regional Transport Authority Lahore passed in their meetings held on 27th February and 1st and 5th March 1954, by which the application of the appellant company that is the Rajput Bus and Transport Co. Ltd. for the grant of stage carriage permits for Sargodha‑Kalurkot via Mitha Tiwana Adhikot was rejected and the Muslim Bus Service‑the respondent com pany‑were allowed to divert two of their B‑Part permits to this route. Two preliminary objections have been taken against these appeals: Firstly that the appellant is not the same person who made the original applications to the Regional Transport Authority; and Secondly, that one of the appeals i.e., No. 88, is time -barred. As regards the first objection it may be mentioned that a working arrangement has been arrived at between two rival groups of the Rajput Bus and Transport Company which includes an agreement to the effect that any advantages and benefits which may accrue from future permits obtained by either group will be shared by them jointly. On point of limitation, the relevant rule, i.e., 4'37 of the Motor Vehicle Rules, runs as follows :‑ " 4.37

(3) A person desiring to prefer an appeal against an order of a Regional Transport Authority or Provincial Transport Authority in respect of any order of the kind referred to in sub‑rule (1) shall within thirty days of the receipt of the order prefer a memorandum (in duplicate) to the appellate authority setting forth concisely the grounds of objection to the order of the Regional Transport or Provin cial Transport Authority as the case may be, together with a certified copy of that order.

. In accordance with this rule, time has to run from the date of receipt of the order. It is argued that in this particular case, the order was received on the date on which a copy of it was obtained from the Regional Transport Authority. I would, therefore, overrule both the preliminary objec tions. On the merits, I am inclined to agree with the Regional Transport Authority in rejecting the applications of the Rajput Bus and Transport Co. Ltd. The Muslim Bus Service are plying in this zone though not on the particular section Mitha Tiwana‑Adhikot, which it is stated has been metalled recently. Though monopolies are not to be created, the efficiency of services is also to be maintained and wasteful competition avoided ; and for this comparatively small new route it would not be desirable to import a new company. As a result, both the appeals stand rejected. A. H. Appeals rejected.