Law: North West Frontier Province Local Government Ordinance (XIV of 2001)

Section: 3,5,54,56

Law: Constitution of Pakistan, 1973

Section: 199

North-West Frontier Province Local Government Ordinance (XIV of 2001)--- ----Ss. 3, 5, 54 & 56---Constitution of Pakistan (1973), Art.199--­Constitutional petition---Authority of Tehsil Nazim to issue authorization for a bus stand---Tehsil Nazim in view of Ss. 54 & 56 of North-West Frontier Province Local Government Ordinance, 2001 was competent and empowered to issue authority for holding or managing a bus stand. JUDGMENT TARIQ PARVEZ KHAN, J.---Petitioner Miraj Ahmed Khan is dissatisfied because respondent No.10 i.e. District Regional Transport Authority Charsadda has allowed respondent No.3 Muslim Khan to manage/organize and hold a Bus Stand for Tangi and Matta which order is passed as Tehsil Nazim by respondent No. 10. 2. Learned counsel for the petitioner argued that petitioner was allowed to run his bus stand since year 1999 there was no agreement between the petitioner and the then Regional Transport Authority and after NOC was obtained from the police his Adda was sanctioned which has been running smoothly but because of allotment of an Adda in favour of respondent No.3 some of the buses from his bus stand has started plying from newly allotted Adda, thus has caused financial loss to the business of the petitioner. 3. Learned counsel has challenged the authority of the Tehsil Nazim to issue authorization for a bus stand. 4. The law on the subject now is N.-W.F.P. Local Government Ordinance 2001. Its section 3 provides that the Ordinance shall have over-riding effect notwithstanding anything contained in any other law for the time being in force. Section 5 of the Ordinance is qua composition of local areas i.e. Union Council, Tehsil Council, Town and District Council etc., section 54 of the Ordinance deals with functions and powers of the Tehsil Municipal Administration. Under its subsection (1)(h)(vi) it is…

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