2001 PLP 65 (CLC)

Learned counsel form the other side has argued that Messrs Safdar Nazeer Bus Service earlier filed Writ Petition bearing No.12203 claiming that he had been plying their buses for Lahore to Layyah from Bay No.26 for the last 35 year's. He sought a direction in the nature of writ of mandamus that the Administrator General Bus Stand Lahore as well as S.H.O. Badami Bagh Lahore be directed to ensure use of Bay No.26 unhindered. When the comments were filed by the Administrator and S.H.O. denying the stance taken by the writ petitioner Safdar Nazeer withdrew that wait petition. Thereafter, he approached the Provincial Minister for Transport on 23‑8‑1999 with an application of Babu Nezeer of Messrs Safdar Nazeer Bus Service. The Provincial Minister ordered as under: "Bay No.26 General Bus Stand Lahore is to be used by the applicant for their routes. Adda Administrator to ensure please." This direction according to the learned counsel was conveyed to the Administrator General Bus Stand Lahore by Director Regulation and Administration Lahore Regional Transport Authority Lahore in the following terms: "Worthy Provincial Minister for Transport has desired implementation of these orders. Report may please be put up within days after implementing the order in letter and spirit. (Sd.) Director Regulations" Messrs Safdar Nazeer Bus Service also approached the Commissioner Lahore who too issued direction for the implementation of the order of the Minister. Resultantly an order was passed by the Administrator General Bus Stand Lahore on 25‑9‑1999 allotting/allocating Bay No.26 to Messrs Safdar Nazeer Bus Service for operation of vehicles from Lahore to Layyah via Faisalabad. Order, dated 25‑9‑1999 of the Administrator General Bus is in the following terms: "In compliance to the direction issued by the Commissioner, Lahore Division, Lahore and intimated by the Director (Regulation) and Administrator (Secretary, Regional Transport Authority) Lahore vide Letter No. 1025‑26/LRTA‑99, dated 10‑7‑1999. Bay No.26 is allocated for vehicles to be operated from Lahore to Leyyah via Faisalabad. All the concerned transporters having route permits are allowed to operate their buses from this bay as above without any discrimination. (Sd.) Administrator General Bus Stand Lahore. " After securing the order, dated 25‑9‑1999 from the Administrator Safdar Nazeer Bus Service filed the forementioned Writ Petition No. 18520 of 1999 through which a direction is sought that they be permitted to use Bay No.26 without any interpretation. The matter according to the learned counsel does not end over here. Thereafter, Safdar Nazeer Bus Service again approached the Administrator General Bus Stand who on the basis of an interim order passed on 4‑10‑1999' in Writ Petition No. 18520 succeeded in securing order, dated 12‑8‑2000 which has been impugned through Constitutional Petition bearing No.16241. I have considered the contentions and have gone through the documents appended with these petitions. The Writ Petitions Nos. 18520 of 1999 and 20431 of 1999 as earlier argued and the judgment was reserved. Writ Petition No. 16241 of 2000 was argued on 12‑9‑2000 and the issue as well as the orders subject‑matter of this Constitutional petition are qua Bay No.26 as such I have decided to dispose of these writ petitions through a consolidated judgment. The claim of the Safdar Nazeer Bus Service that he was using Bay No.26 for the last 35 years has totally been denied. The Administrator General Bus Stand Lahore in his comments has stated as under: "It is a matter of record. However, it is a fact that respondent No.5 was not operating buses from Bay No.26 for the last 35 years. He started buses operating from Bay No.26‑ from Lahore to Layyah since 12‑8‑2000." It is admitted and not denied that Messrs Safdar Nazeer earlier filed Writ Petition No.12203 and after withdrawing the same approached the Provincial Transport Minister on 23‑8‑1999. Learned counsel appearing for him has not produced any law/Rules under which the Minister for Transport has got any authority to pass any order respecting Bays. It is also reflected that the order of 25‑9‑1999 of the Administrator General Bus Stand Lahore was passed in a mechanical manner without application of his 'independent mind. The matter does not end over here. Thereafter, Safdar Nazeer Bus Service filed Writ Petition No.18520 of 1999 and succeeded in securing another order of the Administrator on 12‑8‑2000 in view of the interim order, dated 4-10-1999. ?Since the initial order of the Provincial Minister has got no sanction under the law as such all the subsequent order passed thereupon cannot be sustained on any ground. It is the basic principle of law that if base/foundation of any order is illegal then whole superstructure built thereupon cannot be sustained. In these circumstances, orders, dated 25‑9‑1999 and 12‑8‑2000 both passed by the Administrator General Bus Stand Lahore allowing use of Bay No.26 to Safdar Nazeer Bus Service for Lahore Layyah route cannot be sustained. Even otherwise nobody has got a vested right to claim a particulars Bay. The allotment of Bays is not regulated by any statutory rules. It is? merely a contractual matter governed by the terms and conditions under which the same is allowed. I have been told that a policy has already been formulated that the Bays would be allotted on route basis on the principle of first come first‑go. Such practice of allotting bays is being followed at most of the bus stands. If the same is adopted in letter and spirit at Lahore General Bus Stand, it would certainly go a long way in ameliorating the plight of many transporters. It would also cut down the rat race among the drivers which is daily causing many accidents resulting into death of numerous innocent person. For what has been stated above, the impugned orders, dated 25‑9‑1999 and 12‑8‑2000 passed by the Administrator General Bus Stand Lahore are hereby set aside as having been passed without lawful authority and of no legal effect. The case is remitted to the Administrator who shall decide this issue by giving opportunity of hearing to the parties concerned. There shall be no order as to costs. Q.M.H./M.A.K./N‑37/L ???????????????????????????????????????????????????????????????????? Order accordingly.