1968 PLP 1307 (SCMR)
NEW KISAN TRANSPORT Co. LTD., LYALLPUR AND OTHERS‑Petitioners Versus THE MEMBER BOARD OF REVENUE, WEST' PAKISTAN, LAHORE AND OTHERS — Respondents
| Citation | 1968 PLP 1307 (SCMR) |
| Forum / Court | High Court |
| Bench Members | N/A |
| Parties | NEW KISAN TRANSPORT Co. LTD., LYALLPUR AND OTHERS‑Petitioners Versus THE MEMBER BOARD OF REVENUE, WEST' PAKISTAN, LAHORE AND OTHERS — Respondents |
| Primary Law | Constitution of Pakistan (1962) |
Q1: What are the key laws and sections cited in 1968 PLP 1307 (SCMR)?
This judgment primarily cites: Constitution of Pakistan (1962) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1968 PLP 1307 (SCMR)?
The case was heard and decided by the High Court bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1968 PLP 1307 (SCMR) (NEW KISAN TRANSPORT Co. LTD., LYALLPUR AND OTHERS‑Petitioners Versus THE MEMBER BOARD OF REVENUE, WEST' PAKISTAN, LAHORE AND OTHERS — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Qureshi Mahmood Ahmad, Advocate Supreme Court instructed by Sh. Masood Akhtar, Attorney for Petitioner.
- M. B. Zaman, Senior Advocate Supreme Court (no Advocate with him) instructed by Fazal‑i‑Hussain, Attorney for Respondents Nos. 2 and 3 (in C. P. No. 420 of 1967).
Headnotes / Summary
(On appeal from the judgments and orders of the High Court of West Pakistan, Lahore, dated 21st July 1967, in Writ Petitions Nos. 768, 792, 773, 769, 771, 770, 772, 793 and 128 of 1967).
Art. 98‑Laches‑Explanation that petitioner was awaiting result of writ petition filed by a third party‑Not satisfactory. ORDER ABDUS SATTAR, J.‑This order will dispose of Civil Petitions Nos. 408, 409, 412, 413, 414, 415, 416, 417 and 420 of 1967. The petitioner‑Companies and some others were granted permits for plying buses on different routes by the Regional Transport Authority, Lahore on the 9th/10th February 1962. Appeals were filed against these grants to the Member, Board of Revenue, Lahore. who by his orders dated the 22nd April 1962, and the 9th August 1962 set aside the orders granting the permits and remanded the case for fresh decision. New Muhammadi Transport Service Ltd., challenged the decision of the Member, Board of Revenue in a writ petition filed in the High Court of West Pakistan at Lahore and obtained an order on the 10th March 1965, that the decision of the Member Board of Revenue was without lawful authority. After this judgment these nine petitioners made an application to the Regional Transport Authority on the 10th November 1966, for the restoration of their permits. This was refused. The petitioners then. filed writ petitions in the High Court of West Pakistan at Lahore. They have been dismissed on the ground of latches as the petitioners did not take steps to challenge the impugned orders of the Member Board of Revenue for periods ranging from three to four years. The explanation that the petitioners waited for the result of the case filed in the High Court by one of the Companies has been considered to be unsatisfactory. It has further been found that the decision obtained by a third party in regard to the order of the Member Board of Revenue did not automatically operate for the benefit of the petitioners. The learned counsel for the petitioners has contended that since the orders of the Member Board of Revenue setting aside the orders of the Regional Transport Authority were declared to be without lawful authority the permits in favour of the petitioners automatically were revived. We are not impressed by this argument. The permits were granted on the 9th/10th February 1962. They were cancelled by orders dated the 22nd April 1962 and the 9th August 1962. The petitioners did not take any steps before the 10th November 1966. In these circumstances the Regional Transport Authority justifiably refused to restore the permits. The petitions are dismissed. Leave refused.
Judgment & Decree
ABDUS SATTAR, J.‑This order will dispose of Civil Petitions Nos. 408, 409, 412, 413, 414, 415, 416, 417 and 420 of 1967. The petitioner‑Companies and some others were granted permits for plying buses on different routes by the Regional Transport Authority, Lahore on the 9th/10th February 1962. Appeals were filed against these grants to the Member, Board of Revenue, Lahore. who by his orders dated the 22nd April 1962, and the 9th August 1962 set aside the orders granting the permits and remanded the case for fresh decision. New Muhammadi Transport Service Ltd., challenged the decision of the Member, Board of Revenue in a writ petition filed in the High Court of West Pakistan at Lahore and obtained an order on the 10th March 1965, that the decision of the Member Board of Revenue was without lawful authority. After this judgment these nine petitioners made an application to the Regional Transport Authority on the 10th November 1966, for the restoration of their permits. This was refused. The petitioners then. filed writ petitions in the High Court of West Pakistan at Lahore. They have been dismissed on the ground of latches as the petitioners did not take steps to challenge the impugned orders of the Member Board of Revenue for periods ranging from three to four years. The explanation that the petitioners waited for the result of the case filed in the High Court by one of the Companies has been considered to be unsatisfactory. It has further been found that the decision obtained by a third party in regard to the order of the Member Board of Revenue did not automatically operate for the benefit of the petitioners. The learned counsel for the petitioners has contended that since the orders of the Member Board of Revenue setting aside the orders of the Regional Transport Authority were declared to be without lawful authority the permits in favour of the petitioners automatically were revived. We are not impressed by this argument. The permits were granted on the 9th/10th February 1962. They were cancelled by orders dated the 22nd April 1962 and the 9th August 1962. The petitioners did not take any steps before the 10th November 1966. In these circumstances the Regional Transport Authority justifiably refused to restore the permits. The petitions are dismissed. Leave refused.