Law:

Section:

(a) Provincial Motor Vehicles Ordinance (XIX of 1965)-------S. 69-A---Constitution of Pakistan (1973), Art.199---Constitutional petition---Notice-- Opportunity of hearing---Route Permits of the petitioners stood rescinded by operation of law---Formal cancellation order was not needed---Absence of notice or opportunity of hearing could not be claimed in circumstances. (b) Provincial Motor Vehicles Ordinance (XIX of 1965)--- ----S. 69-A---Constitution of Pakistan (1973), Arts.18, 25 & 199--­Constitutional petition---Freedom of Trade---Equality before law--­Freedom of trade, business or profession are subject to certain qualifications as may be prescribed by law and could be hedged to the extent of lawful prohibition---Restrictions imposed by law cannot be claimed to be violation of fundamental right---Rationale behind the franchise of route permit was to provide qualitative, comfortable and excessive transport to the public and such classification being permissible under the Constitution, could not be knocked down by saying it to be discriminatory. I.A. Sherwani and others v. Government of Pakistan 1991 SCMR 1041; Government of Balochistan v. Aziz Ullah Memon and 160 others PLD 1993 SC 341; Messrs Gadoon Textile Mills and others v. WAPDA and others 1997 SCMR 641 and Arshid Mehmood v. Government of the Punjab PLD 2003 SC 567 ref. (c) Provincial Motor Vehicles Ordinance (XIX of 1965)--- ----S. 69-A---Constitution of Pakistan (1973), Art.199---Civil Procedure Code (V of 1908), O.I, Rr.8, 11 & 12---Constitutional petition Representative suit---Conduct of suit---Appearance before Court--­Constitutional petitions were not filed in representative capacity but for the benefits of all the route permit holders---Provisions of Civil Procedure Code, 1908 were directly applicable to the Constitutional petitions---Provision of O.I, rule 8, C.P.C. are directory in nature--­Omission to follow said provisions would result in follow up procedure provided in O. I, Rules 11 and 12 of the C. P. C. (d) Provincial Motor Vehicles Ordinance (XIX of 1965)--- ----S. 69-A---Constitution of Pakistan (1973), Art. 199---Constitutional petition---District Regional Transport…

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