Law: Provincial Motor Vehicles Rules, 1969

Section: R.261

Law: Constitution of Pakistan, 1973

Section: 199

Provincial Motor Vehicles Rules, 1969--- ----R. 261---Constitution of Pakistan, Art.199---Constitutional petition---Allot ment of separate bay to class B & C transporters---Petitioner challenged allo tment of separate bay by the Provincial Government 'to a transporter of B & C category---Validity---Rule 261, Provincial Motor Vehicles Rules, 1969 barred plying of vehicles from separate bay by B & C class transporters providing for admittance to a class A, B or C (Bus) Stand to any driver or person incharge of vehicle on payment of proper fees subject to availability of space at the stand---Where owner of any vehicle had been granted a licence for a stand of class D, or had been given permission to make use of stand of class D, his vehicle would not have any right of admission to any General Bus Stand within distance of five kilometers of said D-class stand---Transporter could avail the option of separate bay only by obtaining a licence for class-D stand---Allocation of separate bay to the transporter was cancelled with direction to authorities to provide equal opportunity for plying buses on first come first go basis irrespective of the number of vehicles plied by a transporter--Separate bay could be allotted for a particular type of vehicle or for a particular destination permitting only one exit for each destination---Petition was disposed of. Malik Abdul Wahad for Petitioner (in Writ Petition No. 12848 of 2010, Writ Petition No. 5349 of 2010 and Criminal Original No.1036-W of 2010). THIS ORDER PASSED BY: TARIQ JAVAID, J.--- This order shall dispose of Writ Petition No.5349 of 2010; Writ Petition No.12848 of 2010; Writ Petition No.16633 of 2010; and Writ Petition No.18616 of 2010, as common question of law and facts are involved in all these petitions. 2. Grievance of the petitioner, inter alia, in Writ Petition No.5349 of 2010 is that Mian Muhammad Ilyas, transporter plying his buses in the name and style of Mian Coach Service, Gujranwala was allotted separate bay, which was violation of Motor Vehicle Rules 1969, as under the said rule a separate bay cannot be allotted to any transporter using the General Bus Stand in category B and C of the said…

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