P L D 1961 W (PLP)

(c) Motor Vehicles Act (IV of 1939), S. 47‑Stage Carriage Permit‑Procedure under S. 47 to be followed. Kh. Abdur Rahim for Appellant. Secretary, Regional Transport Authority, Peshawar. The Managing Director of the Hazara Transport Company, the Director of Hazara‑Kashmir Transport Company and certain Taxi operators put in applications today for being impleaded as a party to this case. The counsel for the appellant opposed .this request on the ground that these persons did not oppose the request of the appellant before the Regional Transport Authority, Peshawar at the proper time, in accordance with the provisions contained in section 57 (3) of the Motor Vehicles Act. The Secretary, Regional Transport Authority, Peshawar, conceded this contention of the counsel for the appellant. In the cir cumstances, the request of the afore‑mentioned persons for being impleaded as a party to this case was refused. This appeal has been preferred against the decision of the Regional Transport Authority, Peshawar, taken in its meeting held on 13‑7‑1958, by which the application of the appellant's company for the grant of counter‑signatures for 10 buses on Abbotabad‑Mansehra route was refused. The facts of this case are that the appellant's company was brought into existence by the merger of Hazara‑Kashmir Bus Service, the Hazara Bus Service and a few individual operators who held stage carriage permits. All this was done in pursuance of the rationalization policy and scheme of Government. The stage carriage permits held by the present elements became the assets and permits of the appellant's company. The Hazara Kashmir Bus Service held stage carriage permits for operating 19 buses on Rawalpindi‑Hassan Abdal‑Mansehra route. These permits were issued by the Regional Transport Authority, Rawalpindi. The Ragional Transport Authority of the defunct N. W. F. P. had granted counter‑signatures to the said company, for operating between Abbotabad‑Mansehra. The Hazara Bus Service held 14 stage carriage services between Abbotabad Mansehra. The same was the petition of the individual operators who joined the appellant's company. In 1942 petrol rationing was introduced and on account of the restricted supplies of the petrol available it was issued for very essential routes. Since the lifting of control over petrol the appellant's company made efforts to recover its right of stage carriage operations between Abbot abad‑Mansehra. The appellant's company therefore applied to the R. T. A. Peshawar, for the grant of counter‑signatures for 10 buses on Abbotabad‑Mansehra. route. This application was considered by the authority in the meeting held on 13‑7‑1958 and was rejected on the ground that there were already 56 buses and. 80 motor cabs on this route. It was argued by the counsel for the appellant that direct service between Rawalpindi‑Abbotabad Mansehra is absolutely necessary for the following reasons:‑ (i) that the Pakhli Tract of which Mansehra is the center has direct trade and other, connection 'with Rawalpindi ; (ii) that owing to developments resultant from One Unit it would have been proper and advantageous for the public if the appellant's company had been granted counter‑signatures ; and (iii) that there has been enormous increase in population and there have also been all kinds of developments‑industrial Agricultural‑Tourist etc. The Secretary, Regional Transport Authority, relied that the Provincial Transport Authority. Service has recently started direct service between Mansehra‑Rawalpindi and that there is no incon venience to the travelling public. This explanation of the Secretary R. T. A. Peshawar, I am afraid, does not disentitle the appellant's company to ply more buses on the route in question when they are in a position to do so. _ It would have been in consonance with the policy of Transport' Department and promoted public interest and convenience if the appellant's company which is an organized one, had been given an opportunity to operate between Abbotabad‑Mansehra. There is a good justification for the grant of more permits on the route in question, as the existence of Motor Cabs on the Abbotabad‑Mansehra route is an irrelevant consideration in relation to the provisions of, stage carriage services. The question of granting stage carriage permits to the appellant's company should have been determined only in the light of the provisions of section 47 of the Motor Vehicles Act, as Motor Cabs are not intended to cater for the same kind of traffic as the stage carriage services. It is thus evident that there is a definite public demand for more direct services between Mansehra and Rawalpindi. This being so, the decision of the Authority is set aside and the` appeal is allowed to the extent that the appellant's company should be granted counter‑signatures for operating four buses, for the present, between Abbotabad and Mansehra. K.M.A Appeal allowed