Case Details

Citation(s)
1971 SLG 401 1971 SLD 401 1971 SCMR 805
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal No. 192 of 1971, decision dated: 26th November 1971
HAMOODUR RAHMAN, C.J. AND SAJJAD AHMAD, J

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LOCAL BUS SERVICE LTD., LYALLPUR

VS

THE PUNJAB PROVINCIAL TRANSPORT AUTHORITY, Lahore High Court AND another--Respondents

Law:

Section:

West Pakistan Motor Vehicles (Amendment) Ordinance (IX of 1970), S. 19 and West Pakistan Motor Vehicles Rules, 1969, rr. 4, 19 & 57-A-Extension of time for service of stage carriages having ended since long Petition for special leave to appeal, held, became infructuous and dismissed. M. Arif, Advocate Supreme Court instructed by Ejaz Ahmad Khan, Advocate-on-Record for Petitioner. Iftikharul Haq Khan, Advocate Supreme Court instructed by Abdul Karim, Advocate-on-Record for Respondents. Date of hearing: 26th November 1971. JUDGMENT SAJJAD AHMAD, J.-The petitioner-company held 21 route permits for service of stage carriages in the Lyallpur Municipal area and 6 miles beyond its limits on different routes, under the West Pakistan Motor Vehicles Ordinance, 1969. This Ordinance was amended on the 27th of June 1970, by the West Pakistan Motor Vehicles Amendment Ordinance IX of 1970. Under section 19 of the Amendment Ordinance, all permits to ply a stage-carriage, other than a permit authorising a stage-carriage to ply in an urban area only, issued before the coming into force of the Ordinance, ceased to be valid and stood cancelled after the expiry of 60 days from the date of enforcement of the aforesaid Ordinance. As the stage-carriage permits of the petitioner-company related to routes outside the limits of the urban area, they came within the mischief of section 19 of the amendment Ordinance, and lost their validity. In consequence of this legal position, the Provincial Transport Authority, in its meeting held on the 26th of June, 1971, resolved that the petitioner-company should have surrendered its permits before the 7th of August 1970, after which they stood cancelled. The petitioner-company challenged this order in a writ petition to the High Court, which has been dismissed. The contention urged before us, which was also raised before the High Court, is that by a Notification No. 353-70/93-T-1, dated the 6th…
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