Case Details

Citation(s)
1995 SLG 1235 1995 SLD 1235 1995 CLC 1992
Lahore High Court
Writ Petition No. 1884 of 1995/BWP, decision dated: 22-08-1995
MUHAMMAD NASEEM, J

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SUNNY FLYING COACH SERVICE

VS

GOVERNMENT OF PUNJAB and others

Law:

Section:

West Pakistan Motor Vehicles Ordinance (XIX of 1965)-------S. 80---Constitution of Pakistan (1973), Art, 199---Constitutional petition--­Halting points of general nature sanctioned for flying coach service---Aim, object and purpose of halting points---Petitioner's claim to operate his coach service from halting point---Validity---Halting points of general nature could not be used for starting or termination of the journey---All public service vehicles can stop for very short duration just to enable the passengers to go aboard and to alight from the vehicle at such halting point of general nature--­Halting points were being used by transporters including petitioner as D-Class stands where they stopped buses/wagons to the inconvenience of public-at-­large---Constitutional petition appeared to have been filed with ulterior motive to put pressure upon the Administration---Petitioner operating his coaches from halting point in an unauthorised and illegal manner was not entitled to discretion of Court to be exercised in his favour in any manner---Petitioner could use halting place for shortest possible time just to enable passengers to go aboard and to alight from the coaches---No interference was made in that regard by the administration---Constitutional petition was thus, not warranted and was dismissed in circumstances with costs. S.M. Fayyaz Oureshi for Petitioner. Nazeer Ahmad, District Attorney for District Magistrate, Bahawalpur ORDER Messers Sunny Flying Coach Service, gurewala (petitioner) is operating a D-Class Stand, sanctioned by the Regional Transport Authority, Bahawalpur respondent No.2, at Chishtian and the wagon service is going on. On the request of the petitioner the Government of the Punjab, Services General Administration and Information Department (Transport -Cell) vide order dated 9-7-1986 has sanctioned halting points under section 80 of the Motor Vehicles Ordinance, 1965 at different places including Bahawalpur. The petitioner expressed that the wagon service in Bahawalpur was being operated from halting point at Multan Road opposite Shama Cinema since long and no complaint has ever been made before the respondents. However, the District…
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