Through this writ petition, the petitioner has prayed for the following relief:-- "In view of the above submission it is, therefore, most respectfully prayed that writ petition may kindly be accepted and the impugned orders dated 28.03.2009 passed by Respondent No, 1 and dated 31.7.2(07 passed by Respondent No, 2 may kindly be declared as illegal void ab-initio, without jurisdiction, without lawful authority and of legal effect, hence, the same may kindly be set aside in the interest of justice and order of sanction of D-Class Wagoa stand license in favour of the petitioner dated 28.09.2004 may please be renewed/extended."
2. Brief facts necessitating the filing of instant writ petition are that the matter of renewal of D-Class Wagon stand, at property situated Khewat No, 67, Khatooni No, 84, measuring 2-Kanals 12-Marlas and 2Sq. Ft. at Chak No, 145/9-L, Tehsil and District Sahiwal, in the name of the petitioner was pending before Respondent No, 2, District Regional Transport Authority Sahiwal by virtue of remand order by the Chairman, Punjab Provincial Transport Autiority, Lahore, passed in Transport Appeal No, 17/2004. This D-Class Wagon stand license was granted by the District Regional Transport Authority Sahiwal in its meaning held on 28.09.2004. The proprietor of another D-Class stand (Lambardar Flying Council filed on appeal before the Chairman, Punjab Provincial Transport Authority, Lahore against sanction of this license. The appellate authority set aside the impugnec order dated 28.09.2004 in transport Appeals 17/2004 on 12.03.2005 with the direction that District Regional Transport Authority Sahiwal should decide the matter afresh after proving proper hearing to the parties. In view of the above direction of the appellate authority the case was considered by the District Regional Transport Authority in this meeting held on 27.03.2006. Both the parties were present and heard in detail. The authority decided to call NOCs afresh. Therefore, NOCs from the local authorities viz EDO (Revenue), TMO are affirmative while DPO Sahiwal has opposed the sanction of D-Class wagon stand. The matter was discussed in detail and record was perused. In this regard, Rule 255(2) of MVR 969 gave ample guidance. The rule ibid categorically provided that in selecting a site for stand, DRTA shall be guided by the opinion given by the DCO & Superintendent of Police of the area concerned. In instant case, the report for establishment of stand in favour of applicant was called from the District Police Officer, Sahiwal, who has opposed for the grant of D-Class stand license due to law & order situation in the vicinity. In view of the report of DPO, Sahiwal and the above provisions of law, the authority unanimously decided to refuse the request of applicant for grant of D-Class wagon stand license at Chak No, 145/9-L Tehsil & District Sahiwal.
3. Learned counsel for the petitioner submits that Tehsil Municipal Administration through Report No, 457 dated 15.09.2006 has recommended for issuance of license with the following conditions:-- "It is submitted that the site of the subject is suitable for wagon stand as required amenities/facilities are properly provided at this stage. It has proper parking space and will have least effect on the traffic on road."
He further submits that the Executive District Officer (Revenue) submitted recommendation in favour of the petitioner but the Respondent No, 2 has refused to renew, D-Class Wagon Stand license through non-speaking impugned ex-parte order dated 31.07.2007. Learned counsel for the petitioner further submitted that petitioner applied D-Class Wagon Stand in Chak No, 145/94, Tehsil and District Sahiwal DRTA in 2002; that the authority called for report from the concerned officers including the police; that all the concerned quarter gave report in favour of the petitioner and the application was allowed by the competent authority for D-Class Vagon stand on 28.09.2009; that in appeal the case was remanded to Respondent No, 2 for decision after hearing the parties and on 27.03.2009 parties were heard by Respondent No, 2, however, no decision was taken at that time matter was kept in lingering possession; that fresh report were again called from the concerned quarter; that the N.O.C. from E.D.O. (Works), E.D.O. (R) and T.M.O. were affirmative but Police report was against the petitioner; that earlier District Police Officer, Sahiwal has made report in favour of the petitioner but subsequently, this was in negative_on some extraneous reasons: that the competent authority dismissed the application for establishing a wagon stand D-Class against the rejection of application by the competent authority petitioner filed an appeal before the Respondent No, 1, Chairman, Punjab Provincial Transport Appellate Authority, Lahore, who dismissed the appeal of the petitioner being time barred; that the findings of Chairman PTA regarding the presence of the parties as well as the period of limitation for filing an appeal are incorrect and unlawful; under Section 267 of the West Pakistan Motor Vehicle Rules, 1969 time commence not from announcement of order but from receipt of order.
4. Learned Counsel for the respondents submits that petitioner applied for certified copy of decision dated 31.07.2007 well in time on 06.08.2007 and received the same on 09.08.2007 just after 3 days. Petitioner slept about his rights for a long period did not impugned the order; learned counsel for the respondents fully supports the order dated 28.3.2009; further submits that there is no provision of Section 5 of the Limitation Act in West, Pakistan Motor Vehicle Ordinance, 1965 and under the rules.
5. I have heard the learned counsel for the parties and perused the file.
6. The decision of the Chairman, Provincial Transport Appellate Authority, Lahore, is based on cogent reason. Respondent received the certified copies of the order in time and filed time barred appeal. Present petitioner Muhammad Hanif filed an application under Section 5 of the Limitation Act for condonation of delay which is established that it was in his mind that appeal before Chairman, Provincial Transport Appellate Authority, Lahore was time barred, when the counsel for the petitioner was confronted with the question whether in West Pakistan Motor Vehicle Ordinance, 1965 is there any provision of application of Section 5 of the Limitation Act, which is applicable to the proceeding in the matter. He had no answer. This Court examined the provisions of Motor Vehicle Ordinance, 1965. There is no such provision for application of Section 5 of the Limitation Act.
West Pakistan Motor Vehicle Ordinance, 1969 is a special law, unless there is provision of applicability of Section 5 of the Limitation Act, delay in filing the time barred appeal cannot be condoned. The respondent had rightly dismissed the appeal of the petitioner vide order dated 28.3.2009.
7. Resultantly, order dated 28.3.2009 passed by the Chairman, Provincial Transport Appellate Authority, Lahore is upheld and the instant writ petition is dismissed with no order as to cost.