P L D 1959 (W (PLP)

Mahmud Ali Kasuri for Appellant. A. R. Sheikh for Respondents. This appeal has been preferred against the decision of the R. T. A. Multan, dated the 15th to 17th August 1957, refusing to grant to the appellant's company four stage carriage permits on Haroonabad‑Samundari route.

2. The facts of this case are that in the meeting held on 29‑12‑1955, the R. T. A., Multan, while deciding the policy in regard to the issue of temporary permits to the new operators, who had been operating their services covering a major portion of the former Bahawalpur State area, on the authority of the tempo rary permits issued by the Provincial Transport Controller, West Pakistan, which were subsequently withdrawn and cancelled, resolved, that all those new operators who had not yet been consi dered in the light of the decision taken in the last meeting simply because some of the major portion of their routes fell in the area of the former Multan Region, should normally be issued permits even for area extending beyond former Bahawalpur State and for which the permit existed before the cancellation under the orders of Government. To take advantage of this decision of the Autho rity, the appellant's company, applied for the grant of extension from Haroonabad up to Samundari. On their application the case was examined and the appellant's company was required, besides, other proof, to produce the documentary proof to show that the permits on the extended routes from Haroonabad Samundari were actually issued on the basis of Provincial Transport Controller's order dated 14‑6‑1956, and secondly that the company actually operated services on the extended route, and the period for which this extension remained in operation. The case was still under consideration as the appellant's company had not been able to produce the relevant documentary proof, that the authority in its meeting held on 13‑3‑1957, passed a resolution that no further applications for the grant of temporary permits in the light of the decision of the Authority, taken in its meeting held on 31‑10‑1956 and 29‑I1‑1956, should be entertained and if any application is already pending, it should not be considered for the issue of temporary permits and in no case a temporary permit to such appli cants be issued after the 13th March 1957, as the Authority would be taking up the question of the grant of permits on regular basis under section 57/58 of the Motor Vehicles Act, to the existing Transport Companies of the former Bahawalpur area, at present, operating on the basis of temporary permits and the new appli cants. Since the case of the appellant's company was still pending and no permit had been issued to the company, so in the light of the above‑mentioned decision of the Authority, the matter for the grant of extension to this company was dropped and the appli cation filed. All the existing routes on which various transport companies were formally operating on the basis of temporary permits were properly surveyed as the matter for the grant of permits in the area of the former Bahawalpur State was to be taken up by the Authority. The R. T. A. while considering the grant of permits on regular basis, decided to grant permits only on the existing routes, the traffic demand of which had already, been assessed. Since the route in question is not one of those existing routes, it was not taken up by the Authority for considering the applicant for the grant of permits on this route. After finishing with, the grant of permits on the existing routes, the Authority resolved that all the remaining applications for the self‑desired routes could not possibly be considered, in the absence or a proper survey normally required to comply with the mandatory provisions of section 47 of the Motor Vehicles Act. The Authority further decided that all these applications made for the self‑styled routes falling within the former Bahawalpur State or rediating from the former Bahawalpur State, and terminating in the former Multan and adjoining regions and vice versa should be investigated by the Secretary, Regional Trans port Authority. In the circumstances, the request of the appellant's company for the grant of four stage carriage permits on the route; in question was refused. This being the case, there are no grounds for the interference with the decision of the Authority and the result is that the appeal is dismissed. A. H. Appeal dismissed.