Law:

Section:

(a) West Pakistan Motor Vehicles Rules, 1969-----Rr.252 & 255---West Pakistan Motor Vehicles Ordinance (XIX of 1965), Preamble---Constitution of Pakistan (1973), Art. 199---Constitutional petition--­Permit for establishing ' D' Class wagon stand granted to respondent by Authority---Validity---Regional Transport Authority had acted in mechanical fashion while granting permission for setting up of wagon stand without consulting and obtaining views of Municipal Committee being local authority whose consultation was mandatory requirement in terms of R.252(2), West Pakistan Motor Vehicles Rules, 1969---Other relevant considerations laid down in 8.255 of the Rules were not taken into consideration by Authority before granting licence to respondent---Authority was required to satisfy mandatory requirement of consultation with and consideration of views of local authority--­Order of Appellate Authority in affirming grant of permission to establish wagon stand, would fall to ground on same analogy---Orders passed by Authorities were declared to be without lawful authority and of no legal effect. Mian Fazal Din v. Lahore Improvement Trust, Lahore and another PLD 1969 SC 223; Muhammad Jamil Asghar v. The Improvement Trust, Rawalpindi PLD 1965 SC 698; Abdul Hafiz Peerzada v. The Federation of Pakistan PLD 1990 Kar. 9; Yousaf Ali v. Muhammad Aslam Zia PLD 1958 SC (Pak.) 104 and Muhammad Amir v. The State PLD 1971 SC 124 rel Majlis Intazamia, Masjid Ghulam Muhammad Abad, Lyallpur v. The Secretary, Government of West Pakistan Communication and Works Department PLD 1967 Lah. 709; Ch, Muhammad Yunus v. The Islamic Republic of Pakistan PLD 1972 Lah 847; Muhammad Boota and 77 others v. The Commissioner, Sargodha Division, Sargodha and 2 others PLD 1973 Lah. 580 and Rashid A. Khan v. West Pakistan Railway Board PLD 1973 Lah. 733 ref. (b) West Pakistan Motor Vehicles Ordinance (XIX of 1965)--- ----S. 1 & Preamble---West Pakistan Motor Vehicles Rules, 1969, Rr.252 & 255---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Permission to establish bus-stop granted on recommendation of Chief Minister--­Authority had recommended earlier, agkinst grant of…

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