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Petitioner: ZARBAB KHAN VS Respondent: THE REGIONAL TRANSPORT AUTHORITY, PESHAWAR
P L D
P L D 1963 W. P. (Rev.) 69
Before Nasir Ahmad, Member Board of Revenue West Pakistan
ZARBAB KHAN‑Appellant
versus
THE REGIONAL TRANSPORT AUTHORITY, PESHAWAR AND OTHERS‑Respondents
Appeal No. 275 of 1961‑62, decided on 27th November 1962, District Peshawar.
(a) Route permit-----
--‑Applications from Tribal Areas to be referred to Political Agent‑Decisions to be taken after considering his recommendations.
(b) Route permit‑----
-Applicant has no legal right to permit- Right comes into being only after permit is granted.
Appellant in person.
Khanzada, Secretary for the Regional Transport Authority.
Ex parte against other Respondents.
ORDER
The facts of this appeal briefly are that Zarbab Khan appel lant made an application to the Regional Transport Authority, Peshawar for the grant of a permit to ply from Peshawar to Landi Kotal. The application was rejected by the Authority and Zarbab Khan filed an appeal. The case was remanded by me to the Authority for a fresh decision. On reconsideration the Authority have again declined to grant a permit to Zarbab Khan who has come up in appeal.
The reason given by the Authority for refusing the grant of a permit is that Zarbab Khan was not originally recommended by the Political Agent of the Ilaqa to which he belongs. When he was asked by the Authority if his case could be referred back to the Political Agent for reconsideration he did not agree to this procedure and desired that his application be considered on merits. I am assured that the general practice has been that in the case of residents of the Tribal Area the applications are referred to the Political Agents concerned and it is on their commendations that the Authority considers the grant of permits. No person has a legal right to a permit and the matter rests in the discretion of the Authority concerned, and rights under the Motor Vehicles Act come into being after a permit has been granted to an applicant. In these circumstances I do not see any force in the contention of the appellant and reject his appeal.
K. M. A. Appeal rejected.