Law: Azad Jammu and Kashmir Motor Vehicles Rules, 1973

Section: 230(2),241(2)

Law: Azad Jammu and Kashmir Interim Constitution Act, 1974

Section: VIII,4(1),4(15),4(19),44

(a)    Azad Jammu and Kashmir Motor Vehicles Rules, 1973--- ----Rr. 230(2) & 241(2)---Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), Arts. 44, 4(1), 4(15) & 4(19)---Constitutional petition---Cancellation of approval of D-Class stand---Audi alteram partem---Doctrines of "locus poenitentiae" and reasonable expectation ---Upon appeal preferred by respondents the Appellate/Transport Authority cancelled the approval of D-Class Bus Stand--Validity---Ruction occurred over running transport service in Neelum Valley--Petitioner obtained sanction for bus stand in Neelum Valley in accordance with law, while in juxtapose respondents were neither owner of any bus stand in Neelum Valley nor by any way could be assumed affectees of the bus stand established by the petitioner---Appellate authority had failed to attend and adhere to this aspect of the matter while allowing appeal of the respondents---Sanction of establishment of the bus stand in favour of the petitioner was accorded in light of the fulfillment of all the pre-requisites and relevant authority i.e. D.C. Neelum recommended the authority for issuance of license and S.P Neelum had also issued NOC---Under R. 241(2), it was mandatory for the Authority to provide opportunity of hearing to the relevant person before revocation of any order pertaining to permission of stand--Audi alteram partem is a golden universally accepted principle of law and right of fair trial appears in the list of Constitutionally Fundamental right as right No.19--Cancellation of license issued in favour of the petitioner offended the doctrine of locus poenitentiae and doctrine of reasonable expectations , besides was in opposition with the Fundamental rights Nos.1 and 15---Respondents had fallen flat to justify and defend the order impugned; official respondents put them in a difficult predicament by reversing the orders passed in favour of the petitioner at random---Well managed and comfortable transport service in private sector is a need of the hour in hilly and remote areas (like Neelum Valley) and beneficiary of such transport service was public at large---Interest of public at large…