Case Details

Citation(s)
2010 SLG 2536 = 2010 SLD 2536 = 2010 YLR 1577
Lahore High Court
Writ Petition No.4395 of 2009, decided on 13th October, 2009.
Presented By: Hafiz Abdul Rehman Ansari, J

Ch. MUHAMMAD HANIF---Petitioner

VERSUS

CHAIRMAN, PUNJAB PROVINCIAL TRANSPORT APPELLATE AUTHORITY, LAHORE and 2 others---Respondents

Law:

Section:

Provincial Motor Vehicles Ordinance (XIX of 1965)--- ----Preamble---Provincial Motor Vehicles Rules, 1969, Rr.255(2) & 267---Limitation Act (IX of 1908), S.5---Constitution of Pakistan (1973), Art. 199---Constitutional petition--Appeal under special law---Applicability of S.5, Limitation Act, 1908---Scope---Provincial Motor Vehicles Ordinance, 1965 was a special law, unless there was provision of applicability of S.5 of the Limitation Act, 1908 delay in filing the time barred appeal could not be condoned. Sahibzada Mehboob Ali Khan for Petitioner. Mian Hafeez ur Rehman for Respondent. Hassan Mehmood Chishti, Transport Inspector, Sahiwal. ORDER HAFIZ ABDUL REHMAN ANSARI, J.---Through this writ petition, the peti tioner has prayed for the following relief:-- "In view of the above submissions, it is, therefore, most respectfully prayed that writ petition may kindly be accepted and the impugned orders dated 28-3-2009 passed by respondent No.1 and dated 31-7-2007 passed by respondent No.2 may kindly be declared as illegal, void ab initio, without jurisdiction, without lawful authority and of no legal effect, hence, the same may kindly be set aside in the interest of justice and order of sanction of D-Class Wagon Stand license in favour of the petitioner dated 28-9-2004 may please be renewed/extended." 2. Brief facts necessitating the filing of instant writ petition are that the matter of renewal of D-Class Wagon Stand, at Property situated Khewat No.67 Khatooni No.84, measuring 2-Kanals 12 Marlas and 2 sq. Ft. at Chak No.145/9-L, Tehsil and District Sahiwal, in the name of the petitioner was pending before respondent No.2, District Regional Transport Authority Sahiwal by virtue of remand order by the Chairman, Punjab Provincial Transport Authority, Lahore, passed in Transport Appeal No.17/2004. This D-class wagon stand license was granted by the District Regional Transport Authority Sahiwal in its meeting held on 28-9-2004. The proprietor of another D-class stand (Lamberdar Flying Coach) filed an appeal before the Chairman, Punjab Provincial Transport Authority Lahore against sanction of this license. The appellate authority set aside the impugned…
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