Law:

Section:

Civil Aviation Ordinance (XXXII of 1960)---Preamble---Constitution of Pakistan, Art.10-A---Settlement of dues---Due process of law---Applicability---Seizing of vehicles---Petitioners were owners of cars which were seized by Civil Aviation Authority in the wake of dispute arising with respondent company who had provided car rental services---Vehicles were summarily seized and taken into custody by functionaries of the Authority---Validity---Even if any such power existed with Civil Aviation Authority, its exercise for such an oblique purpose would tantamount to an abuse thereof---High Court directed the Authority to release subject vehicles forthwith to registered owners or their duly authorized representatives---High Court further directed that aggrieved parties could prefer their claims for compensation/damages before competent Court of civil jurisdiction---Constitutional petition was allowed, in circumstances. JUDGMENT YOUSUF ALI SAYEED, J.---The Petitioners profess to be the owners/possessors of one or more of the automotive vehicles listed at the foot of this judgment in Table-A (the Subject Vehicles), which they apparently made available for use by a Car Rental Company by the name of Vintage Limousine Services (Private) Limited (Vintage), as were in turn utilized by Vintage for purpose of conducting its operation of Rent-A-Car Services at the Jinnah International Airport, Karachi pursuant to a License Agreement dated 09.09.2015 with the Civil Aviation Authority (CAA). 2. In the wake of a dispute as then subsequently arose between the CAA and Vintage as to settlement of dues, with the former claiming an amount of Rs.9,136,506/- as being outstanding, the Subject Vehicles were summarily seized and taken into custody by the functionaries of the CAA, where they remain to date. 3. Being aggrieved, the Petitioners have invoked the jurisdiction of this Court under Article 199 of the Constitution, seeking possession thereof. 4. Succinctly stated, the crux of their case is that such seizure of property is bereft of any legal sanction and violates their fundamental rights, as enshrined in terms of the Constitution. Indeed, the only question arising for determination…

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