| Case ID |
370aae59-dcc0-486c-8ee7-9aa0b4e5fbd8 |
| Body |
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| Case Number |
Constitutional Petition No. 619 of 2003 |
| Decision Date |
Oct 30, 2009 |
| Hearing Date |
Oct 17, 2006 |
| Decision |
The Quetta High Court restored the route permit issued to the petitioner, Abdul Rehman, for plying buses from Pishin to Rod Mullazai via Khanozai. The court found that the cancellation of this permit was without lawful authority as the route had not been classified by the competent authority, which is essential for determining the maximum age of vehicles permitted on that route. The court emphasized that the absence of classification does not invalidate the issuance of a route permit. The decision also highlighted the unfairness of depriving a segment of the population from public transport services based on arbitrary classifications. The court directed the competent authority to take necessary measures to classify the route properly. |
| Summary |
This case revolves around the constitutional petition filed by Abdul Rehman against the Provincial Transport Authority regarding the cancellation of his route permit for plying buses on a specified route. The petitioner was initially granted a permit, which was later challenged by another transporter, Faiz Muhammad, who claimed that the route was unclassified. The High Court ruled in favor of the petitioner, stating that the lack of classification does not nullify the permit. The judgment underscores the importance of public transport accessibility and the need for transparent regulatory practices in the transport sector. Key laws involved include the West Pakistan Motor Vehicles Ordinance, 1965, which governs transport permits, and the Motor Vehicles Rules, 1969. This case sets a precedent for the interpretation of route classifications and the rights of transport operators in Pakistan. |
| Court |
Quetta High Court
|
| Entities Involved |
Not available
|
| Judges |
MEHTA KAILASH NATH KOHLI,
AHMED KHAN LASHARI
|
| Lawyers |
Naeem Akhtar Afghan,
Amanullah Tareen,
Syed Ayaz Zahoor
|
| Petitioners |
ABDUL REHMAN
|
| Respondents |
3 others,
PROVINCIAL TRANSPORT AUTHORITY, BALOCHISTAN through Chairman
|
| Citations |
2010 SLD 2666,
2010 PLD 16
|
| Other Citations |
AIR (36) 1946 PC 137
|
| Laws Involved |
West Pakistan Motor Vehicles Ordinance, 1965,
West Pakistan Motor Vehicles Rules, 1969,
Constitution of Pakistan, 1973
|
| Sections |
44,
45,
46,
57-A,
57-B,
18,
199
|