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Cancellation of route permit

Cancellation of route permit legal meaning, translation and judicial precedents.

Meaning & Judicial Interpretation: (اردو مفہوم اور قانونی تشریح)

2014 CLC 1433 QUETTA-HIGH-COURT-BALOCHISTAN Judicial Precedent
S. 62Constitution of Pakistan, Art. 199Constitutional petitionCancellation of route permitScope

Petitioner filed appeal before Chairman Provincial Transport Authority wherein direction was issued to Secretary Regional Transport Authority to allow the petitioner to ply his bus and to issue time table in his favour

Said order was not complied with and order of cancellation of route-permit was passed without considering the legal aspect of the matter that both the orders were conflicting

Provisions of Provincial Motor Vehicles Ordinance, 1965 were not adhered while passing the impugned order as respondent-Transport Authority decided the fate of route permit without directing any inquiry or probe

Transport Authority which granted a permit might cancel or suspend the same for such period which was considered proper

Cancellation of route permit could be ordered only by the Transport Authority who granted the same subject to procedure prescribed by law and rules

Authority had no jurisdiction to issue any such order without making probe or conducting inquiry through concerned Transport Authority which had granted route permit

Authority had based his order on the verbal assertion of the party despite the fact that relevant record and reports of concerned Transport Authority was not available

Impugned order had no legal sanction and same was not sustainable and was set aside and Transport Authority was directed to decide the matter in accordance with law

Constitutional petition was disposed of accordingly.

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Precedents & Case Laws citing "Cancellation of route permit"

PLD 1987
Constitutional Petition No. 87 of 1987, decided on 16th June, 1987.

P L D 1987 Quetta 223

AHMED SHAH‑‑Petitioner Versus Haji ABDUL HALEEM and 4 others‑‑Respondents

Court: ‑‑‑S. 62, proviso‑‑Constitution of Pakistan (1973), Art. 199‑‑Maxim: Audi alterm partem‑‑Cancellation of route permit‑‑Notice to affected party‑‑Nothing on record available to show that petitioner had any intimation about proceedings initiated by Authority regarding cancellation of his route permit‑‑Order of Authority showing that same had been passed merely on the basis of certain departmental enquiries without obtaining any explanation of petitioner‑‑Held such orders, apart from being repugnant to statutory requirement were also clearly violative of principle of audi alterm partem and negating principle of natural justice and thus were void as much as an order which was coram non judice and as such did not exist in the eye of law.‑‑Maxim.
CLC 2014
2014-April-28

2014 C L C 1433

YAR MUHAMMAD — Petitioner Versus PROVINCIAL TRANSPORT AUTHORITY, BALOCHISTAN through Chairman and 3 others — Respondents

Court: Balochistan
CLC 1995
Constitutional Petition No. 27 of 1994, decided' on 27th October, 1994.

1995 C L C 1123

ABDUR RAZZAK‑‑‑Petitioner Versus MUHAMMAD QASIM and another‑‑‑Respondents

Court: Quetta
PLD 1961
Appeal No. 259 of 1958‑59, decided on 9th January 1961. District Rawalpindi.

P L D 1961 W

FARZAND ALI‑Appellant Versus REGIONAL TRANSPORT AUTHORITY,

Court:
PLD 2010
2009-October-30

P L D 2010 Quetta 16

ABDUL REHMAN — Petitioner Versus PROVINCIAL TRANSPORT AUTHORITY, BALOCHISTAN through Chairman and 3 others — Respondents

Court: High Court
SCMR 1969
Civil Petition for Special Leave to Appeal No. 367 of 1968, decided on 11th March 1969.

1969 S C M R 285

LAHORE FEROZEPUR TRANSPORT CO Petitioner Versus MEMBER, BOARD OF REVENUE (TRANSPORT APPELLATE AUTHORITY)

Court: High Court
SCMR 1968
N/A

1965 S C M R 1373

ABUL BASEAR AND ANOTHER‑‑Petitioners Versus THE PROVINCE OF EAST PAKISTAN AND ANOTHER‑Respondents

Court: High Court
MLD 1998
1998-April-6

1998 M L D 1678

NASRULLAH — Petitioner Versus JAFFAR ULLAH and 2 others — Respondents

Court: Quetta
SCMR 2005
Civil Petition No.607-K of 2002, decided on 14th May, 2003.

2005 S C M R 1299

MALIR CANTT. BOARD — Petitioner Versus Syed TANVEER ALI — Respondent

Court: Supreme Court of Pakistan
CLC 1995
Constitutional Petition No. 74 of 1994, decided on 7th June, 1994.

1995 C L C 78

SIKANDAR KHAN and another‑‑Petitioners Versus ISHAQZAI and 3 others‑‑‑Respondents

Court: Quetta