Law: Provincial Motor Vehicles Rules, 1969

Section: 253,266

Law: Constitution of Pakistan, 1973

Section:

SUMMARY
The High Court dismissed the constitutional petition challenging the orders of the Secretary, Punjab Provincial Transport Authority, whereby a D-Class Bus Stand Licence was revoked. The Court held that a licence is a regulatory privilege and not a proprietary or heritable right, and therefore does not automatically devolve upon legal heirs upon the death of a licensee. Since one of the original licensees had died, the licence had erroneously continued in his name, and the underlying land remained jointly owned and disputed among legal heirs, with one co-owner objecting to renewal, the licensing authority was justified in revoking the licence. The Court emphasized that under Rule 253 of the Motor Vehicles Rules, 1969, a privately owned place can only be notified as a stand upon application by the owner(s), and unresolved ownership disputes undermine the legal foundation of such a licence. The Transport Authority was not required to adjudicate inheritance or proprietary rights, which fall within the jurisdiction of civil courts. The revocation was thus held to be within lawful regulatory powers and in the interest of proper administration and public order.

TAG LINE
A transport stand licence is a regulatory privilege, not a heritable right; unresolved ownership disputes justify revocation.

ORDER;