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LOCAL BUS SERVICE LTD., LYALLPUR vs THE PUNJAB PROVINCIAL TRANSPORT — 1971 SCMR 805

Citation: 1971 SCMR 805

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-12-31

Parties: LOCAL BUS SERVICE LTD., LYALLPUR vs THE PUNJAB PROVINCIAL TRANSPORT JUDGMENT

Headnotes

Case cited as 1971 SCMR 805

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Hamoodur Rahman, Sajjad Ahmad Jan Title:LOCAL BUS SERVICE LTD., LYALLPUR vs THE PUNJAB PROVINCIAL TRANSPORT JUDGMENT Reported As: 1971 SCMR 805 Result: Petition dismissed Judgment 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…

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