Case Details

Citation(s)
2008 SLG 636 2008 SLD 636 2008 CLC 167
Lahore High Court
Writ Petition No.7872 of 2007, decision dated: 22-11-2007
MUHAMMAD MUZAMMAL KHAN, J

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Rana MUHAMMAD AZEEM

VS

Rana ABAD ALI and another

Law:

Section:

Constitution of Pakistan (1973)-------Art. 199---Constitutional petition---Cancellation of licence to ply coaches---Petitioner was a transporter and was plying his coaches and was depositing amount with authorities as fee for the track/bay allocated to him---Licence of petitioner was cancelled---No notice of any kind was issued to the petitioner earlier to cancellation of his licence---Impugned order did not depict that petitioner was called upon to explain his position or he was heard at. the time of taking of complained action---Impugned order was not only sketchy, but also lacked reasoning in itself---Vested right had accrued to petitioner when competent Authority had granted him licence to ply his coaches---Complained action was not only violative of mandatory provisions of law, but was also contrary to the principles of natural justice---Impugned order was declared to be void and non-existent in the eye of law. Mst. Zahida Sattar and others v. Federation of Pakistan and others PLD 2002 SC 408; Messrs Murree Brewery Company Limited v. Director-General, Excise and Taxation and 3 others 1991 MLD 267 and Gul Muhammad and 8 others v. Buxal and 2 others 1991 CLC 229 ref. M. Shams Iqbal Rana for Petitioner. Mian Subah Sadiq Wattoo for Respondents. ORDER MUHAMMAD MUZAMMAL KHAN. J---Instant petition assailed order, dated 6-7-2007 passed by Nazim Administration, Chunian, District Kasur, to be declared illegal, void and of no legal consequence whereby licence of the petitioner to ply twenty-six seaters A.C. Coaches from Chunian to Lahore, was cancelled. 2. Precisely, relevant facts are that petitioner is a transporter and plies his coaches from Chunian to Lahore and was allocated Track/Bay No.6 in Old Tonga Stand, Chunian, vide order, dated 1-6-2007. Petitioner deposited an amount of Rs.60,000 with the respondents as fee for the track/bay allocated to him. During his this business, Nazim T'ehsil Administration, Chunian on 6-7-2007 cancelled his licence, with the order to the following effect:-- "The orders issued vide No.TMA-CHN-2007/217-220, dated 1-6-2007 regarding plying of twenty-six seaters A.C. Coaches by Messrs Hajvery Travels at Old Tonga Stand of General Bus…
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