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Citation: 1970 SCMR 117
Court: Supreme Court of Pakistan
Year: 1969
Decision Date: 1969-12-31
Parties: SARGODHA BHERA BUS SERVICE, SARGODHA vs THE REGIONAL TRANSPORT JUDGMENT
Case cited as 1970 SCMR 117
Court Name: Supreme Court of Pakistan Judge(s): Alvin R. Cornelius, Fazal-e-Akbar Title:SARGODHA BHERA BUS SERVICE, SARGODHA vs THE REGIONAL TRANSPORT JUDGMENT Reported As: 1970 SCMR 117 Result: Leave refused Judgment JUDGMENT CORNELIUS, C. J.-After participating through an objection and attendance at a hearing before the R. T. A., Lahore in a proceeding held for determining the need for issue of additional route permits on the Sargodha.Bhera route, when the R. T. A. Decided to issue four further permits, the Sargodha- Bhera Bus Service (petitioners before us) moved a writ to quash the decision. The principal ground advanced was that there being no rules prescribed by the Provincial Government as provided by sec--tion 50 of the West Pakistan Motor Vehicles Ordinance, 1965, the survey of the route carried out by the Secretary of the R. T. A., under its directions, and all consequent action were void in law. The High Court refused the writ, holding that the require--ment of a survey was mandatory, and could not be stultified by mere absence of prescribed rules, when the need for issue of further permits had become manifest. Leave is sought to appeal against this order. The action of the R. T. A., in ordering a survey is relatable to its duty of informing itself of the existence and extent of a public need, which had been brought to its notice. The law indeed enjoins such a survey, and declares that it should be held in a mode to be prescribed by the Provincial Government,…
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