Law:

Section:

Constitution of Pakistan--- ----Art. 199---Constitutional petition---Fixation of rates of fares by Provincial Transport Authority---Scope---Rates were to be decided as policy matter in fiscal planning---High Court could not exercise jurisdiction to go into reasonableness of rates falling outside the domain of judicial determination---High Court would not be justified in deciding the matter primarily within the jurisdiction of the authority involving the question of fact---Constitutional petition was dismissed in circumstance. AIR 1976 SC 1986 and AIR 1976 SC 2512 rel. JUDGMENT QALANDAR ALI KHAN, J.---Mutihaida Transport Association (Registered) Hazara Division at Abbottabad, through its President, Ijaz Qureshi have invoked the constitutional jurisdiction of this Court through writ petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 with the following prayer; "On acceptance of the instant writ petition, the new rates of fares determined for the routes attached thereto be set-aside and the rates be fixed reasonably and matching to the schedule announced in 2002 by respondent No.1 himself and as published in the press in December, 2008 being cohesive and coordinating to the rates of fuel and the minimum kilometers charges for a passenger shall be fixed as Rs.2.25 Per kilometer. Any other relief as may be deemed fit and proper in the circumstances of the case." 2. Aggrieved of the notification by the Secretary, Provincial Transport Authority, Khyber Pakhtunkhwa, Peshawar, (respondent No.1) declaring new rates of fares applicable to the transport being run on diesel oil, on the ground of the same being totally unreasonable, and having been published without consultation, unilaterally and arbitrarily, the petitioners are seeking fixation of rates matching to the schedule announced in 2002 and published in press in December, 2008, claiming the same to be cohesive and coordinating to the rates of fuel. The petitioners have assailed the proposed rates on the grounds of hike of maintenance cost, salaries and other numerous overhead expenses, making it practically impossible to run the transport system based on diesel with burden of newly…

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