| Case ID |
0845fa86-fe99-4194-b321-0644e8b1a613 |
| Body |
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| Case Number |
Civil Petition No.427 of 1996 |
| Decision Date |
Feb 25, 1997 |
| Hearing Date |
|
| Decision |
The Quetta High Court ruled that the orders for rescheduling the departure times of the petitioner’s bus were made without due process and violated the principles of natural justice. The court found that the authorities did not provide the petitioner with an opportunity to be heard before making changes to the bus schedule. Consequently, the court set aside the orders dated 20-6-1996 and 26-11-1996, affirming that any regulation of transport schedules must adhere to legal standards and respect the rights of permit holders. The petition was allowed, with no order as to costs. |
| Summary |
This case revolves around a constitutional petition filed by Moulvi ALLAH MOOR against the Secretary of the Regional Transport Authority, challenging the legality of orders that rescheduled the departure times of his bus service. The Quetta High Court examined the application of the West Pakistan Motor Vehicles Ordinance and the principles of natural justice, ultimately determining that the petitioner was not afforded an opportunity to be heard regarding the changes to his bus schedule. The court emphasized the need for authorities to exercise their discretionary powers justly and equitably, highlighting the importance of procedural fairness in administrative decisions affecting individual rights. This case underscores the balance that must be maintained between regulatory authority and the rights of transport operators. Keywords like 'natural justice', 'administrative law', 'transport regulation', and 'constitutional petition' are essential for understanding the legal principles at play. |
| Court |
Quetta High Court
|
| Entities Involved |
Not available
|
| Judges |
JAVED IQBAL,
RAJA FAYYAZ AHMED
|
| Lawyers |
Abdullah Khan Kakar,
K. N. Kohli
|
| Petitioners |
Moulvi ALLAH MOOR
|
| Respondents |
Respondent No. 3,
Respondent No. 8,
Respondent No. 2,
Respondent No. 4,
Respondent No. 5,
Munshi NOOR MUHAMMAD,
Respondent No. 6,
Respondent No. 7,
Respondent No. 9
|
| Citations |
1997 SLD 801,
1997 CLC 1432
|
| Other Citations |
1987 MLD 2759,
PLD 1991 SC 14,
PLD 1964 SC 410,
PLD 1966 SC 536
|
| Laws Involved |
West Pakistan Motor Vehicles Ordinance, 1965,
Constitution of Pakistan, 1973
|
| Sections |
49,
67,
199
|