Law:

Section:

(a) West Pakistan Motor Vehicles Ordinance (XIX of 1965)--- ----Ss. 2(37), 44 & 50(2)---West Pakistan Motor Vehicles Rules, 1969, Rr.65, 73 & 182---Constitution of Pakistan (1973), Art.199---Constitutional petition--Failure to instal barriers/partition in-between ladies and gents seats by petitioners in their vehicles---Suspension of certificate of fitness till fixing of such barriers---Validity---One of conditions for grant of route permit was installation of barrier in-between ladies and gents seats---Petitioners having not complied with such condition, it was within domain of Authority to cancel/suspend petitioners' certificate of fitness. (b) West Pakistan Motor Vehicles Ordinance (XIX of 1965)--- ----Ss. 2(37), 44 & 50(2)---Constitution of Pakistan (1973), Art.199--Constitutional petition---Locus standi to file---Perusal of route permits in question indicated that same were not in the name of petitioners but in the names of other persons who were not parties in Constitutional petition---Petitioners, thus, being not aggrieved persons, has no locus standi to file Constitutional petition. Messrs Talagang Bus Service Ltd. v. Regional Transport Authority, Rawalpindi 1969 SCMR 137 ref. (c) West Pakistan Motor Vehicles Ordinance (XIX of 1965)--- ----Ss. 2(37), 44 & 50(2)---Constitution of Pakistan (1973), Art.199--Constitutional petition---Alternate remedy available---Failure to avail such remedy---Effect---Suspension of certificate of fitness of vehicle---Alternate remedy though available yet not availed by petitioners---Petitioners having failed to avail alternate remedy by way of appeal, were not entitled to invoke Constitutional jurisdiction---Constitutional petition was, thus, not maintainable in circumstances. THIS JUDGMENT DELIVERED BY: ABDUL HAMEED DOGAR, JUSTICE;---.---- By this petition, the petitioners have called in question the refusal, by the Regional Transport Authority (respondent No.3), to issue fitness certificate to their Mini-buses and Coaches on the ground that they have failed to instal barrier/partition in-between ladies and gents seats. 2. Briefly stated, the facts of petition are that the petitioners, the owners of valid…

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