Full Judgment Text & Judicial Ruling

P L D 1956 (W

P L D 1956 (W. P.) Revenue 3

Before Nasir Ahmad, Member, Board of Revenue, West Pakistan

THE MULTAN TRANSPORT Co., LTD., MULTAN‑Appellant

Versus

MALIK BUS SERVICE, MULTAN & R. T. A., MULTAN‑Respondents

Appeal No. 121 of 1954‑55, decided on 17th January 1956, from the, decree of R. T. A., Multan, dated 23rd July 1955.

Motor Vehicles Act (IV of 1939)------

----S. 57 (3)‑No order should be passed until statutory period has expired.

Kh. Abdur Rahim for Appellant.

Sh. Bashir Ahmad for Respondents.

ORDER

NASIR AHMAD.‑This is an appeal against the order of the R. T. A., Multan passed in their meeting held on 23rd July 1955, by which two permits were granted to the respondent company‑Malik Bus Service‑to ply between Multan and Nawab Pur. The main ground urged in the appeal is that the application was published on 6th July and the grant was made on the 23rd and 24th July i.e., before the lapse of the statutory period of thirty days as laid down in section 57 (3) of the Act. On going through the record of the R. T. A. the application was found undated and without any endorsement to the effect that it had been published. The R. T. A. should really have been more careful in complying with the provisions of law. I would accordingly accept this appeal and direct that the matter be reconsider after complying with the legal provisions regarding publishing and hearing of objections and a fresh decision then taken or merits.

Announced.

K. M. A.

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