| Citation(s) |
|---|
| 1998 SLG 1244 1998 SLD 1244 1998 PLD 376 |
Lahore High Court
Writ Petition No. 5693 of 1997, heard on 18th November, 1997.
MUHAMMAD NASEEM CHAUDHRI, J
Hassan Mahmood Sayal for Petitioner. Khurshid Anwar Bhinder, Addl. A.G. for
Respondent No. 3 Muhammad Jahangir Arshad for Applicant
Writ Petition No. 5693 of 1997, heard on 18th November, 1997.
MUHAMMAD NASEEM CHAUDHRI, J
Hassan Mahmood Sayal for Petitioner. Khurshid Anwar Bhinder, Addl. A.G. for
Respondent No. 3 Muhammad Jahangir Arshad for Applicant
TOYOTA HIACE CITY WAGON OWNERS ASSOCIATION, MULTAN
VS
FARRUKH AHMAD, SECRETARY, ROARD TRANSPORT AUTHORITY, MULTAN and others
Law:
Section:
(a) Constitution of Pakistan (1973)-- Art. 199---Constitutional petition--- "Aggrieved person "---Connotation--Aggrieved person would be the one who had been denied legal right by some one who had legal duty to perform relating to that right.--[Words and phrases]. (b) Constitution of Pakistan (1973)-- ----Art. 199---Constitutional petition---Locus standi to file Constitutional petition---Extent and scope of Art.199 of the Constitution---Provisions of Art.199 of the Constitution confer very wide powers on High Court for enforcement of fundamental rights as well as legal rights---Article 199 of the Constitution has provided remedy for infringement of fundamental and legal rights of person---Condition precedent to granting of any relief under Art.199, however, would depend on existence of fundamental and legal rights of person and on infringement of $uch rights---Right constituting foundation of Art. 199 of the Constitution, being personal and individual right same could be statutory right recognised by law. (c) Voluntary Social Welfare Agencies (Registration and Control) Ordinance (XLVI of 1961)-- ----S. 2(f)---Constitution of Pakistan (1973), Arts. 18, 25 & 199---Constitutional petition---Establishment of Transport System with assistance of private transporters under Government patronage---Petitioners being owners of city wagon service claimed that their right would be infringed if such transport system was established and that Government officials would be looking after interest of such transport service at the cost of petitioners; and that there would be no equality before law and equal protection of law ---Validity---Repondents being Government functionaries were debarred from constituting nonGovernmental organizations for running transport service---Respondents being Executive Officers of Government could not work as trade organization and they could not depend for their resources on public subscription, donation or Government aid etc. ---Establishment of such transport system would definitely violate fundamental rights of petitioners in terms of Arts.18 & 25 of the Constitution---Petitioner having good case Constitutional petition filed by them had…
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