2011 PLP 1507 (YLR)

SYED AKHLAQ AHMAD, J.--This civil revision is directed against the judgment dated 28-9-2010 passed by the learned Additional District Judge Rawalpindi whereby she dismissed the appeal filed by the petitioner/plaintiff/Khan Gul against the order, dated 15-3-2010 passed by the learned Civil Judge Rawalpindi whereby he dismissed the application for temporary injunction of the petitioner/plaintiff.

2. Facts giving rise to this appeal are that on 14-5-2009, Khan Gul and his son Abid Hussain filed suit for declaration, permanent and mandatory injunction against the respondents/defendants stating that Abid Hussain son of Khan Gul was running a D-Class Bus Stand under licence No.12-D/2004 issued by RTA situated at Ranotra, Chakbeli Khan Rawalpindi. Before the grant of licence, the son of the petitioner also completed all formalities. All the basic facilities were provided in the said Adda by them. They got the land leased out from the original owner, constructed sheds, bath rooms, waiting rooms, driver rooms, mosques etc. and spent a huge amount of R.12,00,000 on it. On expiry of licence on 6-8-2005, the petitioner moved an application for transfer of the stand in his name instead of processing the application the respondents declined the request and also directed to stop the operation of transport service from the premises of said stand. It is claimed that they were running the Adda for the last five years without any interference from the respondents. Along with the suit, the petitioner/plaintiff also moved an application for temporary injunction restraining the respondents from interfering in the operation of the Adda.

3. The respondents/defendants contested the suit as well as stay application vide their written statement and reply in which it was inter alia contended that the licence in the name of Abid Hussain/son of the petitioner expired on 6-8-2005. He being involved in different murder cases, absconded. No basic facility was available at the Adda. So the authority decided to withdraw the permission granted to Abid Hussain son of Khan Gul/petitioner/ plaintiff.

4. After hearing both sides, the learned trial Court dismissed the application for temporary injunction of the petitioner/ plaintiff. Aggrieved with this order the c petitioner filed appeal which also met the same fate by the learned Additional District Judge Rawalpindi vide her judgment dated 28-9-2010. Hence this revision

5. Learned counsel for the petitioner/plaintiff contends that both the courts below were not justified in vacating the temporary injunction as all the three ingredients necessary for the issuance of temporary injunction tilt in favour of the petitioner/plaintiff. It is therefore, prayed that the revision may be accepted, the impugned orders passed by both the courts below be set aside and the application for temporary injunction of the petitioner/ plaintiff may be accepted till the final decision of the suit by the trial Court.

6. I have heard the learned counsel for the petitioner/plaintiff and have also gone through the documents available on the record.

7. There is no denying the fact that licence for running a D-Class stand at Ranotra Chakbeli Khan Rawalpindi was granted to Abid Hussain son of Khan Gul which expired on 6-8-2005. Due to his involvement in different murder cases, said Abid Hussain absconded. He never contacted the respondent for renewal of the licence. On 2-8-2008, Khan Gul father of Abid Hussain/ex-licence holder of the Adda moved an application for renewal of stand. A senior Administrative Officer of DCO's office Rawalpindi was deputed to visit the premises of the stand to verify the basic amenities and facilities. As per his report the affairs of the stand are being managed by his father Khan Gul as Abid Hussain, proprietor of the sand is involved in different murder cases and is absconder. Operation of the transport/stand too is very rare and the stand is also in a deplorable condition. A show-cause notice was therefore served upon the proprietor vide No.47/DRTA-2009 dated 6-2-2009 but no response was received. The case was again considered by the Authority in its meeting dated 25-3-2009 in which the Authority unanimously decided to withdraw the permission granted to Abid Hussain regarding operation of D-Class Stand at Ranotra Chakbeli Khan, Rawalpindi on account of severe breach of conditions. The petitioner/plaintiff was also asked to stop the operation of the stand for which he was not entitled. Learned counsel for the petitioner/plaintiff failed to point out any illegality or material irregularity in the impugned order passed by both the courts below. The unauthorized act of the petitioner/plaintiff running the bus Adda without licence cannot be given legal cover by the Courts. I, therefore, find no ground f to interfere with the concurrent findings of both the courts below dismissing the application for temporary injunction of the petitioner/plaintiff.

8. The upshot of the above discussion is that the civil revision has no merits and the same is dismissed in limine. M.U.Y./K-1/L Revision dismissed.