Law: Constitution of Pakistan, 1973

Section: 199

(a) Illegal order Order having illegal base/foundation---Effect---Where base/foundation of any order is illegal then whole superstructure built thereupon cannot be sustained. (b) Constitution of Pakistan (1973) Art. 199---Constitutional petition---Allotment of bay at general business---Disputed bay was allotted to the respondent on direction 'of the Minister ---Validity---Allotment of bays was not regulated by any statutory rule and it was merely a contractual matter governed by the terms and conditions under which the same was allowed---Nobody had a vested right to claim a particular bay---Orders for allotment of bay so passed by the Authority were without lawful authority and of no legal effect and the same were set aside---Matter was remanded to the Authority for a decision afresh in circumstances. Date of hearing: 12th September, 2000.                                                                                                                                  JUDGMENT This judgment shall dispose of Writ Petitions Nos.18520 of 1999, 20431 of 1999 and 16241 of 2000 as all three of them relate to the use of Bay No.26 at General Bus Stand Lahore. Facts briefly in Writ Petition No.18520 of 1999 are that the petitioner Safdar Nazeer Bus Service made a grievance that earlier Administrator General Bus Stand Lahore allowed/permitted to use Bay No.26 for its route Lahore to Layyah via Faisalabad but respondents Nos.3 and 4 i.e. New Khan Transport Company and Balochistan Transport Company respectively are creating hindrances. A direction is sought in the nature of writ of mandamus that respondent S.H.O. General Bus Stand Badami Bagh Lahore as well as Administrator General Bus Stand be directed to ensure that petitioner is permitted without let or hindrance to use Bay No.26 for its Lahore--Layyah route. Chaudhry Travel Service in Writ Petition…